Nevada Code § 104.5108

Issuers rights and obligations
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1. Except as otherwise provided in NRS 104.5109 , an issuer shall honor a
presentation that, as determined by the standard practice referred to in
subsection 5, appears on its face strictly to comply with the terms and
conditions of the letter of credit. Except as otherwise provided in NRS 104.5113 and unless otherwise agreed
with the applicant, an issuer shall dishonor a presentation that does not
appear so to comply.
2. An issuer has a reasonable time after
presentation, but not beyond the end of the 7th business day of the issuer
after the day of its receipt of documents:
(a) To honor a letter of credit;
(b) If the letter of credit provides for honor to
be completed more than 7 business days after presentation, to accept a draft or
incur a deferred obligation; or
(c) To give notice to the presenter of
discrepancies in the presentation.
3. Except as otherwise provided in
subsection 4, an issuer is precluded from asserting as a basis for dishonor any
discrepancy if notice is not given in a timely manner or any discrepancy not
stated in the notice if notice is given in a timely manner.
4. Failure to give the notice specified in
subsection 2 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 1 of NRS 104.5109 or expiration of the letter of credit before presentation.
5. An issuer shall observe standard
practice of financial institutions that regularly issue letters of credit. Any
determination of the issuers 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.
6. An issuer is not responsible for:
(a) The performance or nonperformance of the
underlying contract, arrangement or transaction;
(b) An act or omission of others; or
(c) Observance or knowledge of the usage of a
particular trade other than the standard practice referred to in subsection 5.
7. If an undertaking constituting a letter
of credit under paragraph (j) of subsection 1 of NRS 104.5102 contains nondocumentary
conditions, an issuer shall disregard the nondocumentary conditions and treat
them as if they were not stated.
8. An issuer that has dishonored a
presentation shall return the documents or hold them at the disposal of, and
send advice to the effect to, the presenter.
9. An issuer that has honored a
presentation as permitted or required by this article:
(a) Is entitled to be reimbursed by the applicant
in immediately available funds not later than the date of its payment of funds;
(b) Takes the documents free of claims of the
beneficiary or presenter;
(c) Is precluded from asserting a right of
recourse on a draft under NRS 104.3414 and 104.3415 ;
(d) Except as otherwise provided in NRS 104.5110 and 104.5117 , 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
(e) 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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