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12 CFR § 229.37 - Variation by agreement.

---
identifier: "/us/cfr/t12/s229.37"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 229.37 - Variation by agreement."
title_number: 12
title_name: "Banks and Banking"
section_number: "229.37"
section_name: "Variation by agreement."
chapter_name: "FEDERAL RESERVE SYSTEM"
subchapter_number: "A"
subchapter_name: "BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM"
part_number: "229"
part_name: "AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC)"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 4001-4010, 12 U.S.C. 5001-5018."
regulatory_source: "53 FR 19433, May 27, 1988, unless otherwise noted."
cfr_part: "229"
---

# 229.37 Variation by agreement.

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.