Common use of Exceptions to Limited Warranty and Exclusive Remedy Clause in Contracts

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.

Exceptions to Limited Warranty and Exclusive Remedy. The limited warranty in Section 9.8 T.9 and the indemnification in Section 9.9 T.10 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.