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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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