12 C.F.R. § 229.37

Variation by agreement

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The effect of the provisions of subpart C may be varied by agreement, except that no agreement can disclaim the responsibility of a bank for its own lack of good faith or failure to exercise ordinary care, or can limit the measure of damages for such lack or failure; but the parties may determine by agreement the standards by which such responsibility is to be measured if such standards are not manifestly unreasonable.

Notes of Decisions
Cited in 2 cases, 2007–2008 · leading case: Donovan v. Bank of Am., 574 F. Supp. 2d 192 (D. Me. 2008).
Donovan v. Bank of Am., 574 F. Supp. 2d 192 (D. Me. 2008). “12 C.F.R. 229.37. 55 . Similarly, § 4-212(5) provides: "A failure to charge back or claim refund does not affect other rights of the bank against the customer.”
Bank of Am., N.A., F/K/A Nationsbank, N.A. v. First Nat'l Bank & Bancinsure, Inc. (Tex. App. 2007). · cites it 3× “§ 4007 (2000); 12 C.F.R. § 229.37 (2004); Tex. Bus. & Com.”
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