Compensation for Damage. (a) The Receiving Party is aware that any breach of the obligations stipulated in this Article 7 (Protection of Confidential Information) could cause irreparable harm to the Disclosing Party. The Parties agree that the Receiving Party is liable to, and is obliged to compensate, the Disclosing Party for any and all potential damage and, furthermore, any intangible damage incurred by the Disclosing Party as a result of breach of the obligations under Article 7 (Protection of Confidential Information) by the Receiving Party; (i) the obligations hereunder 7 (Protection of Confidential Information), as well as (ii) the obligations stipulated by the legal regulations regarding the protection of Confidential Information. The Parties agree that any compensation for damage under this Article 7 (Protection of Confidential Information) shall be provided in money. (b) If, based on any legal regulation, court or other decision or as a result of any other fact, the Disclosing Party becomes obliged to pay any amount for the benefit of any third party in connection with the breach of the Receiving Party’s obligation under this Article 7 (Protection of Confidential Information), the Receiving Party agrees to perform the above-specified obligation (debt) vis-à-vis the third party on behalf of the Disclosing Party without any regression claim for payment of such amount vis-à-vis the Disclosing Party. (c) If (i) any member of the Receiving Party's Team to whom the Confidential Information has been disclosed and/or (ii) any other person to whom the Confidential Information has been disclosed with the consent of the Disclosing Party fails to perform any of its obligations or limitations concerning the use of the Confidential Information set out in this Article 7 (Protection of Confidential Information) in relation to the Receiving Party, the Receiving Party shall be liable vis-à-vis the Disclosing Party for the breach of this Agreement to the same extent as if the Receiving Party breached such obligations itself, regardless of whether or not the information was provided to the respective person in accordance with the provisions of this Article 7 (Protection of Confidential Information).
Appears in 3 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Compensation for Damage. (a) The Receiving Party is aware that any breach of the obligations stipulated in this Article 7 Chyba! Nenalezen zdroj odkazů. (Protection of Confidential Information) could cause irreparable harm to the Disclosing Party. The Parties agree that the Receiving Party is liable to, and is obliged to compensate, the Disclosing Party for any and all potential damage and, furthermore, any intangible damage incurred by the Disclosing Party as a result of breach of the obligations under Article 7 Chyba! Nenalezen zdroj odkazů. (Protection of Confidential Information) by the Receiving Party; (i) the obligations hereunder 7 Chyba! Nenalezen zdroj odkazů. (Protection of Confidential Information), as well as (ii) the obligations stipulated by the legal regulations regarding the protection of Confidential Information. The Parties agree that any compensation for damage under this Article 7 Chyba! Nenalezen zdroj odkazů. (Protection of Confidential Information) shall be provided in money.
(b) If, based on any legal regulation, court or other decision or as a result of any other fact, the Disclosing Party becomes obliged to pay any amount for the benefit of any third party in connection with the breach of the Receiving Party’s obligation under this Article 7 Chyba! Nenalezen zdroj odkazů. (Protection of Confidential Information), the Receiving Party agrees to perform the above-specified obligation (debt) vis-à-vis the third party on behalf of the Disclosing Party without any regression claim for payment of such amount vis-à-vis the Disclosing Party.
(c) If (i) any member of the Receiving Party's Team to whom the Confidential Information has been disclosed and/or (ii) any other person to whom the Confidential Information has been disclosed with the consent of the Disclosing Party fails to perform any of its obligations or limitations concerning the use of the Confidential Information set out in this Article 7 Chyba! Nenalezen zdroj odkazů. (Protection of Confidential Information) in relation to the Receiving Party, the Receiving Party shall be liable vis-à-vis the Disclosing Party for the breach of this Agreement to the same extent as if the Receiving Party breached such obligations itself, regardless of whether or not the information was provided to the respective person in accordance with the provisions of this Article 7 Chyba! Nenalezen zdroj odkazů. (Protection of Confidential Information).
Appears in 1 contract
Samples: Service Agreement
Compensation for Damage. (a) The Receiving Party is aware 1. Merchant shall appropriately perform the Source Transaction and shall ensure that any breach DEGICA and Payment Service Providers do not incur damages as a result of default by Merchant.
2. Merchant shall compensate the obligations stipulated in this Article 7 (Protection of Confidential Information) could cause irreparable harm to the Disclosing Party. The Parties agree that the Receiving Party is liable to, and is obliged to compensate, the Disclosing Party Payment Service Providers or DEGICA for any and all potential damage and, furthermore, any intangible damage incurred by the Disclosing Party Payment Service Providers or DEGICA due to an act or omission by Merchant relating to the Payment Provider Agreement or the Agreement.
3. Merchant shall indemnify the Payment Service Providers and DEGICA for any loss, damage or expense incurred by the Payment Service Providers or DEGICA as a result of litigation or a claim by a third party made against the Payment Service Providers or DEGICA due to a breach of Law, agreement relating to Underlying Transaction, Payment Provider Agreement or this Agreement by Merchant.
4. DEGICA shall compensate Merchant for any damage to Merchant incurred due to a breach of the obligations under Article 7 Agreement by DEGICA; provided, however, that the liability for damages is limited to direct and actual damage incurred by Merchant and does not include indirect damage such as loss of opportunity, and DEGICA bears no responsibility for Merchant’s damage that arises out of a reasonable or unavoidable change or suspension of the Services or discontinuation of or error in the settlement processing service. In addition, the amount of damages owed by DEGICA to Merchant pursuant to the Agreement shall not exceed the total Merchant Service Fee (Protection of Confidential Information) meaning the amount after deducting the fee prescribed by the Receiving Party; Payment Service Providers) paid by Merchant to DEGICA over the past three (i3) months at the obligations hereunder 7 (Protection of Confidential Information)time the damages are paid, as well as (ii) unless the obligations stipulated damages are caused by the legal regulations regarding the protection willful intent or gross negligence of Confidential Information. The Parties agree that any compensation for damage under this Article 7 (Protection of Confidential Information) shall be provided in moneyDEGICA.
(b) If, based on any legal regulation, court 5. Even if DEGICA becomes unable to provide all or other decision or as a result part of any other fact, the Disclosing Party becomes obliged Services due to pay any amount the end of an agreement for the benefit of any payment services between DEGICA and DEGICA’s delegated third party in connection with or the Payment Service Providers, that event shall not be considered a breach of the Receiving Party’s obligation under this Article 7 (Protection of Confidential Information), the Receiving Party agrees to perform the above-specified obligation (debt) vis-à-vis the third party on behalf of the Disclosing Party without any regression claim for payment of such amount vis-à-vis the Disclosing Party.
(c) If (i) any member of the Receiving Party's Team to whom the Confidential Information has been disclosed and/or (ii) any other person to whom the Confidential Information has been disclosed with the consent of the Disclosing Party fails to perform any of its obligations or limitations concerning the use of the Confidential Information set out in this Article 7 (Protection of Confidential Information) in relation to the Receiving Party, the Receiving Party shall be liable vis-à-vis the Disclosing Party for the breach of this Agreement to the same extent as if the Receiving Party breached such obligations itselfby DEGICA, regardless of whether the grounds for being unable to provide the Services, and DEGICA bears no responsibility for that.
6. Xxxxxxxx confirms that DEGICA does not promise the actual recovery of payments, etc. from Customers or not the information was provided to the respective person guarantee that payments, etc. shall be made by Customers. Settlements in accordance with the provisions Services are executed or refused by the Payment Service Providers or Customers of this Article 7 (Protection Merchant’s Handled Products, and DEGICA does not guarantee the execution thereof. DEGICA bears no responsibility for the settlement not being executed or being delayed, unless such non-execution or delay arises from non-performance of Confidential Information)the Agreement that is attributable to DEGICA.
Appears in 1 contract
Samples: Merchant Services Agreement
Compensation for Damage. (a) The Receiving Party is aware that any breach of the obligations stipulated in this Article 7 (Protection of Confidential Information) could cause irreparable harm to the Disclosing Party. The Parties agree that the Receiving Party is liable to, and is obliged to compensate, the Disclosing Party for any and all potential damage and, furthermore, any intangible damage incurred by the Disclosing Party as a result of breach of the obligations under Article 7 (Protection of Confidential Information) by the Receiving Party; (i) the obligations hereunder 7 (Protection of Confidential Information), as well as (ii) the obligations stipulated by the legal regulations regarding the protection of Confidential Information. The Parties agree that any compensation for damage under this Article 7 (Protection of Confidential Information) shall be provided in money.
(b) If, based on any legal regulation, court or other decision or as a result of any other fact, the Disclosing Party becomes obliged to pay any amount for the benefit of any third party in connection with the breach of the Receiving Party’s obligation under this Article 7 (Protection of Confidential Information), the Receiving Party agrees to perform the above-specified obligation (debt) vis-à-vis the third party on behalf of the Disclosing Party without any regression claim for payment of such amount vis-à-vis the Disclosing Party.
(c) If (i) any member of the Receiving Party's Team to whom the Confidential Information has been disclosed and/or (ii) any other person to whom the Confidential Information has been disclosed with the consent of the Disclosing Party fails to perform any of its obligations or limitations concerning the use of the Confidential Information set out in this Article 7 (Protection of Confidential Information) in relation to the Receiving Party, the Receiving Party shall be liable vis-à-vis the Disclosing Party for the breach of this Agreement to the same extent as if the Receiving Party breached such obligations itself, regardless of whether or not the information was provided to the respective person in accordance with the provisions of this Article 7 (Protection of Confidential Information).
Appears in 1 contract
Samples: General Terms and Conditions of Provision of Services