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§12A-5-108.
§12A-5-108.
Issuer's Rights and Obligations.
(a) Except as otherwise provided in Section 5-109 of this title, an
issuer shall honor a presentation that, as determined by the standard
practice referred to in subsection (e) of this section, appears on its
face strictly to comply with the terms and conditions of the letter of
credit. Except as otherwise provided in Section 5-113 of this title
and unless otherwise agreed with the applicant, an issuer shall
dishonor a presentation that does not appear so to comply.
(b) An issuer has a reasonable time after presentation, but not beyond
the end of the seventh business day of the issuer after the day of its
receipt of documents:
(1) To honor;
(2) If the letter of credit provides for honor to be completed more
than seven (7) business days after presentation, to accept a draft or
incur a deferred obligation; or
(3) To give notice to the presenter of discrepancies in the
presentation.
(c) Except as otherwise provided in subsection (d) of this section, an
issuer is precluded from asserting as a basis for dishonor any
discrepancy if timely notice is not given, or any discrepancy not
stated in the notice if timely notice is given.
(d) Failure to give the notice specified in subsection (b) of this
section or to mention fraud, forgery, or expiration in the notice does
not preclude the issuer from asserting as a basis for dishonor fraud
or forgery as described in subsection (a) of Section 5-109 of this
title or expiration of the letter of credit before presentation.
(e) An issuer shall observe standard practice of financial
institutions that regularly issue letters of credit. Determination of
the issuer's observance of the standard practice is a matter of
interpretation for the court. The court shall offer the parties a
reasonable opportunity to present evidence of the standard practice.
(f) An issuer is not responsible for:
(1) The performance or nonperformance of the underlying contract,
arrangement, or transaction;
(2) An act or omission of others; or
(3) Observance or knowledge of the usage of a particular trade other
than the standard practice referred to in subsection (e) of this
section.
(g) If an undertaking constituting a letter of credit under paragraph
(10) of subsection (a) of Section 5-102 of this title contains
nondocumentary conditions, an issuer shall disregard the
nondocumentary conditions and treat them as if they were not stated.
(h) An issuer that has dishonored a presentation shall return the
documents or hold them at the disposal of, and send advice to that
effect to, the presenter.
(i) An issuer that has honored a presentation as permitted or required
by this article:
(1) Is entitled to be reimbursed by the applicant in immediately
available funds not later than the date of its payment of funds;
(2) Takes the documents free of claims of the beneficiary or
presenter;
(3) Is precluded from asserting a right of recourse on a draft under
Sections 3-414 and 3-415 of this title;
(4) Except as otherwise provided in Sections 5-110 and 5-117 of this
title, is precluded from restitution of money paid or other value
given by mistake to the extent the mistake concerns discrepancies in
the documents or tender which are apparent on the face of the
presentation; and
(5) Is discharged to the extent of its performance under the letter of
credit unless the issuer honored a presentation in which a required
signature of a beneficiary was forged.
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