Exceptions to Limited Warranty and Exclusive Remedy Sample Clauses

Exceptions to Limited Warranty and Exclusive Remedy. The limited warranty in Section 9.8 and the indemnification in Section 9.9 will not apply and will be voidable at NMS’s election, and NMS will have no liability of any kind arising from the limited warranty if Merchant (a) is not receiving authorization and settlement services from NMS under the Agreement, (b) is not in compliance with all terms of the Agreement and any other agreement relating to payment forms eligible for the Data Protection Service, (c) uses the Data Protection Service in a manner not contemplated by, or in violation of, this Agreement, (d) is negligent, or (e) engages in intentional misconduct.
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Exceptions to Limited Warranty and Exclusive Remedy. The limited warranty in Section T.9 and the indemnification in Section T.10 will not apply and will be voidable at ISO’s election, and ISO will have no liability of any kind arising from the limited warranty if Merchant (a) is not receiving authorization and settlement services from ISO under the Agreement, (b) is not incompliance with all terms of the Agreement and any other agreement relating to payment forms eligible for the Data Protection Service, (c) uses the Data Protection Service in a manner not contemplated by, or in violation of, this Agreement, (d) is negligent, or (e) engages in intentional misconduct.
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Exceptions to Limited Warranty and Exclusive Remedy. The limited warranty in Section 6.8 and the indemnification in Section
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Related to Exceptions to Limited Warranty and Exclusive Remedy

  • WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services).

  • Representations Warranties Exclusive Remedies and Disclaimers 10. Mutual Indemnification

  • Warranties Limitation of Liability The Company will use commercially reasonable efforts to provide the Services in a good and workmanlike manner in accordance with the sound and prudent practices of providers of similar services. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE COMPANY MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A PERSON THAT IS NOT A PARTY TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 2.05 WILL SURVIVE TERMINATION OF THIS AGREEMENT.

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