Common use of Exclusive Remedy for Breach of Limited Warranty Clause in Contracts

Exclusive Remedy for Breach of Limited Warranty. Subject to Section 9.10 of these Special Provisions and the terms of the Agreement (including the damages cap(s), damages exclusion(s), and other limitations on liability in Section 6 of the Agreement), NMS will indemnify Merchant for direct damages resulting from NMS’s breach of the Data Protection Service limited warranty in Section 9.8. For clarity, “direct damages” are limited to third party claims asserted against Merchant arising from NMS’s breach of the limited warranty in Section 9.8. THE INDEMNIFICATION IN THIS SECTION 9.9 IS THE SOLE AND EXCLUSIVE REMEDY, AND NMS’S ENTIRE LIABILITY, FOR NMS’S BREACH OF THE LIMITED WARRANTY IN SECTION 9.8, AND IS SUBJECT IN ALL RESPECTS TO THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.

Exclusive Remedy for Breach of Limited Warranty. Subject to Section 9.10 6.10 of these Special Provisions and the terms of the Agreement (including the damages cap(s), damages exclusion(s), and other limitations on liability in Section 6 5 of the Agreement), NMS will indemnify Merchant for direct damages resulting from NMS’s breach of the Data Protection Service limited warranty in Section 9.86.8. For clarity, “direct damages” are limited to includes third party claims asserted against Merchant arising from NMS’s NMS breach of the limited warranty in Section 9.86.8. THE INDEMNIFICATION IN THIS SECTION 9.9 6.9 IS THE SOLE AND EXCLUSIVE REMEDY, AND NMS’S ENTIRE LIABILITY, FOR NMS’S BREACH OF THE LIMITED WARRANTY IN SECTION 9.86.8, AND IS SUBJECT IN ALL RESPECTS TO THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.