| In case this
remittance is not paid, the drawer's liability will be conditioned
upon surrender of duly endorsed original and duplicates and
limited to refunding to the holder the equivalent of the face
amount by (a) payment in United States dollars at the drawer's
buying rate in New York , at the time of such surrender and
refund, foreign money in which drawn, or at the drawer's option
by (b) forwarding , by mail or otherwise, to the drawee or
other banking house abroad with which it may then have or
establish a sufficient credit in such foreign money instructions
to withhold therefrom an amount equivalent to the face hereof
for the account and risk of the holder hereof, and the drawer
shall not be otherwise liable hereon or for the consideration
received herefor. References to the foreign money in which
this check is drawn shall mean such foreign money, or other
foreign money into which it may then be convertible, impressed
with restrictions and other characteristics which shall or
would have attached to an uneamarked credit balance of the
drawer's remaining with the drawee or such other banking house
from the date hereof to the time of sattlement . Such refund
shall be reduced by any loss resulting from failure immediately
to forward and promptly present this check (Whether or not
presentment would otherwise be dispensed with or delay excused)
and refund may be withheld pending determination of such loss.
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| This Bank agrees to send at
the expense and risk of the customer a message directing payment
in foreign funds in the amount and manner indiacated. The
Bank does not warrany that the transfer of funds will reach
the payee. It may make use of any branch, or correspondent,
agent or sub-agent and shall not be under any liability for
any errors, negligence, suspension or default or any of them
or for any failure to identify the payee or any mispayment
by any of them, nor shall the Bank be under any liability
for any errors, mutilations, delays, misdelivery or failure
of delivery in the transmission of any message in connection
with this transaction whether or not in code or whether by
mail, postal service, telegraph, cable, wireless, radio or
otherwise, or for any suspension of any such means of transmission
or for any imposition of any such means of transmission or
for any imposition any censorship, exchange control or other
restriction, all such risks being home by the customer.
In case of a transfer of currency other than the currency
of the country of the country to which remittance is made,
it shall be payable to the payable to the payee in currency
of said country at the buying rate of the Bank's branch, or
correspondent for exchange of the currency remitted unless
the payee arranges with said corespondent for payment in some
other form upon paying all charges in connection therewith.
In case the funds are not paid to the payee, whatever the
reason, any liability of the Bank will be conditioned upon
its receipt from the branch or correspondent of confirmation
of effective cancellation of the remittance abroad and shall
be limited to refunding the amount to be remitted, less expenses,
which refund in the case of transactions relating to the remission
of foreign money, shall be made by (a) payment in United States
dollars at the Bank's buying rate in New York, at the time
of such refund, for the foregin money to be remitted, at the
Bank's option by (b) forwarding by mail or otherwise to the
Bank's branch or correspondent or other banking houses abroad
with which it may then have or establish a sufficient credit
in such foreign miney instructions to withhold therefrom an
amount equivalent to the amount to be remitted for the account
and risk of the person to whom refund is to be made, and the
Bank shall not be otherwise liable in connection herewith
or be made, and the Bank shall bot be otherwise liable in
connection herewith or for the consideration received by it.
Reference to the foreign miney to be remitted shall mean such
foreign money or other foreign money into which it may then
be convertible, impressed with restrictions and other characterstics
which shall or would have attached to an unearmarked credit
balance of the Bank remaining with its corresponsent or such
other banking house from the date hereof to the time of settlement.
Anything hereinbefore to the contrary notwithstanding, any
refund shall be made in case of mispayment of funds by any
correspondent agent or subagent, and in case funds for the
payment of this transfer have been remitted or made available
abroad or otherwise coverwise covered, on refund shall be
made until the relative funds have been returned or otherwise
made freely available to the bank. |