Liability/Damages Cap Clause Samples

Liability/Damages Cap. 9.1 PROCESSOR shall not be liable under any circumstances to Elan, CUSTOMER or any third party under this Agreement for losses arising from or related to: (a) Its failure to timely settle due to the occurrence of events beyond its control; (b) The malfunction of a CUSTOMER ATM; (c) Errors in currency replenishment; (d) Incorrect programming or configuration of a CUSTOMER’s ATM; (e) Conversion of a CUSTOMER’s ATM to another Processor; (f) Incorrect information provided on a CUSTOMER’s ATM profile; (g) Non-approved software used in a Customer ATM or non-approved ATM type; (h) Fraud or other unlawful manipulation of a CUSTOMER’s ATM that results in inaccurate or invalid dispensing of cash or the reversal of validly dispensed cash; or (i) any act or omission of PROCESSOR that does not constitute either gross negligence, willful misconduct, or a material breach of PROCESSOR’s obligations.. Without limiting the foregoing, the aggregate liability of PROCESSOR for any and all claims, demands, costs, losses, damages or other potential or actual expenses which are in any way related, directly or indirectly, to the execution, performance, obligation, or subject matter of this Agreement shall not exceed two hundred fifty thousand dollars U.S. Dollars ($250,000.00), regardless of the form of action employed, whether in contract, warranty, tort (including negligence) or otherwise. THE PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, A BREACH OF THIS AGREEMENT OR THE PROCESSING AGREEMENT. 9.2 The aggregate liability of PROCESSOR for any and all claims, demands, costs, losses, damages or other potential or actual expenses which are in any way related, directly or indirectly, to the execution, performance, obligation, or subject matter of this Agreement shall be two hundred fifty thousand U.S. Dollars ($250,000.00) .