Common use of Exclusion of PAYMARK’s Liability Clause in Contracts

Exclusion of PAYMARK’s Liability. Except as provided in clause 12.3, PAYMARK is not liable to compensate the Merchant for any loss, cost, injury or damage arising directly or indirectly from: 12.2.1 any act, omission, error, default or delay of PAYMARK or its officers, employees or agents; or 12.2.2 any failure (including telecommunications failure), breakdown or malfunction of the System or of any equipment, Terminal, Communication Channels, or Card; or 12.2.3 any cause beyond the reasonable control of PAYMARK; or 12.2.4 any act or omission of the Bank or any other third party.