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TM-1440 Wire Transfer Service Description Page 5 of 5 <br />Revised 04-30-2014 <br />continue until Bank receives express written notice from Company that such authority is <br />revoked. <br /> <br />12. Limitation of Bank’s Liability. If Bank executes Company’s Payment Order by sending <br />instructions to another financial institution, Bank may send the payment order by any <br />transmission method and by any route Bank in its sole discretion considers reasonable. Bank <br />will not be liable for any third party’s failure to or delay or error in processing a Payment Order. <br />If the beneficiary bank does not pay the beneficiary specified in the Payment Order, a refund will <br />be made only after Bank has received confirmation of the effective cancellation of the Payment <br />Order and Bank is in free possession of the funds debited or earmarked in connection with the <br />Payment Order. If Bank is notified it did not transfer the full amount stated in a Payment Order, <br />Bank’s sole obligation will be to promptly execute a second Payment Order in the amount of the <br />stated deficiency. If Bank executes a Payment Order in excess of the amount stated in the <br />Payment Order, to the extent Company does not receive the benefit of the Payment Order, <br />Bank will only be liable for any loss of the principal amount transferred in excess of the amount <br />stated in the Payment Order. Additionally, Bank will be liable for the amount of interest <br />Company has lost due to the transfer of the excess amount, computed at the then current <br />Federal Funds rate. However, Bank’s liability for loss of interest will be limited to twenty (20) <br />calendar day’s interest. This section sets forth Bank’s complete liability for a Payment Order <br />issued or received under this Service Description. <br /> <br />13. Survival. Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 will survive the termination of Services. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />© 2014 Wells Fargo Bank, N.A. All rights reserved. <br />6.1.D. - Page 116