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§12A-4A-305.


§12A-4A-305.
   
   LIABILITY FOR LATE OR IMPROPER EXECUTION OR FAILURE TO
   
   EXECUTE PAYMENT ORDER
   
   (a) If a funds transfer is completed but execution of a payment order
   by the receiving bank in breach of Section 22 of this act results in
   delay in payment to the beneficiary, the bank is obliged to pay
   interest to either the originator or the beneficiary of the funds
   transfer for the period of delay caused by the improper execution.
   Except as provided in subsection (c) of this section, additional
   damages are not recoverable.
   
   (b) If execution of a payment order by a receiving bank in breach of
   Section 22 of this act results in (i) noncompletion of the funds
   transfer, (ii) failure to use an intermediary bank designated by the
   originator, or (iii) issuance of a payment order that does not comply
   with the terms of the payment order of the originator, the bank is
   liable to the originator for its expenses in the funds transfer and
   for incidental expenses and interest losses, to the extent not covered
   by subsection (a) of this section, resulting from the improper
   execution. Except as provided in subsection (c) of this section,
   additional damages are not recoverable.
   
   (c) In addition to the amounts payable under subsections (a) and (b)
   of this section, damages, including consequential damages, are
   recoverable to the extent provided in an express written agreement of
   the receiving bank.
   
   (d) If a receiving bank fails to execute a payment order it was
   obliged by express agreement to execute, the receiving bank is liable
   to the sender for its expenses in the transaction and for incidental
   expenses and interest losses resulting from the failure to execute.
   Additional damages, including consequential damages, are recoverable
   to the extent provided in an express written agreement of the
   receiving bank, but are not otherwise recoverable.
   
   (e) Reasonable attorney's fees are recoverable if demand for
   compensation under subsection (a) or (b) of this section is made and
   refused before an action is brought on the claim. If a claim is made
   for breach of an agreement under subsection (d) of this section and
   the agreement does not provide for damages, reasonable attorney's fees
   are recoverable if demand for compensation under subsection (d) of
   this section is made and refused before an action is brought on the
   claim.
   
   (f) Except as stated in this section, the liability of a receiving
   bank under subsections (a) and (b) of this section may not be varied
   by agreement.
   

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