Bank is not responsible for suspension of performance of all its obligations, responsibilities and covenants under this Access Agreement, whether expressed or implied, if at any time, or from time to time, compliance therewith is prevented or hindered by, or is in conflict with, any federal or state law, regulation, risk control program or rule, the order of any court of competent jurisdiction or other legal restraints, any act of God or of the public enemy, war, epidemic, strike, or work stoppages of the U. S. Postal Service or commercial carriers, or electric power disruption or shortage, telecommunications failure or computer failures; or the acts, omissions or errors of any carrier and/or agent operating between you and Bank and any Federal Reserve Bank or other agency utilized to exercise transfers, or recipients of transferred funds; or, without limiting the generality of the foregoing, or any other cause or circumstance beyond Bank’s control or other conditions or circumstances not wholly controlled by Bank and which would prohibit substantial performance under this Access Agreement.
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The parties prefer that any dispute between them be resolved in litigation subject to a jury trial waiver as set forth in the Waiver of Jury Trial section above, but the California Supreme Court has held that pre-dispute jury trial waivers not authorized by statute are unenforceable. This Reference Provision will be applicable until: (i) the California Supreme Court holds that a pre-dispute jury trial waiver provision similar to that contained in this Access Agreement is valid or enforceable; or (ii) the California Legislature enacts a statute which becomes law, authorizing pre-dispute jury trial waivers of the type set forth above and, as a result, such waivers become enforceable.
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