Liability of PAYMARK for Negligence and Wilful Default. If PAYMARK is negligent, or wilfully defaults, in the performance of its obligations to the Merchant under this Agreement, then PAYMARK will be liable to the Merchant (but not any other person) for the direct loss or damage sustained by the Merchant itself as a result of such negligence or wilful default.
Appears in 4 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
