Common use of LIMITATION OF LIABILITY AND MERCHANT’S WAIVER OF DAMAGES Clause in Contracts

LIMITATION OF LIABILITY AND MERCHANT’S WAIVER OF DAMAGES. SPS-EFT shall be responsible for performance of the SPS-EFT Services as a third-party provider in accordance with the terms of this Agreement. SPS-EFT shall not be responsible for any other person’s or entity’s errors, acts, omissions, failures to act, negligence or intentional conduct, including without limitation entities such as SPS-EFT’s communication carrier or clearing houses, and no such entity shall be deemed to be a representative or an agent of SPS-EFT. IN NO EVENT SHALL SPS-EFT BE LIABLE TO MERCHANT FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHICH MERCHANT OR ITS CUSTOMERS, AFFILIATES, PARENT COMPANIES, ASSOCIATES, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM SPS-EFT’S ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT.

LIMITATION OF LIABILITY AND MERCHANT’S WAIVER OF DAMAGES. SPS-EFT shall be responsible for performance of the SPS-EFT Services Remote Check Deposit (Check 21 Plus) services as a third-party provider in accordance with the terms of this Agreement. SPS-EFT shall not be responsible for any other person’s or entity’s errors, acts, omissions, failures to act, negligence or intentional conduct, including without limitation entities such as SPS-EFT’s communication carrier or clearing houses, and no such entity shall be deemed to be a representative or an agent of SPS-EFT. IN NO EVENT SHALL SPS-EFT BE LIABLE TO MERCHANT FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHICH MERCHANT OR ITS CUSTOMERS, AFFILIATES, PARENT COMPANIES, ASSOCIATES, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM SPS-EFT’S ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT.

LIMITATION OF LIABILITY AND MERCHANT’S WAIVER OF DAMAGES. SPS-EFT shall be responsible for performance of the SPS-EFT Services ACH services as a third-party provider in accordance with the terms of this Agreement. SPS-EFT shall not be responsible for any other person’s or entity’s errors, acts, omissions, failures to act, negligence or intentional conduct, including without limitation entities such as SPS-EFT’s communication carrier or clearing houses, and no such entity shall be deemed to be a representative or an agent of SPS-EFT. IN NO EVENT SHALL SPS-EFT BE LIABLE TO MERCHANT FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHICH MERCHANT OR ITS CUSTOMERS, AFFILIATES, PARENT COMPANIES, ASSOCIATES, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM SPS-EFT’S SPS- EFTʼS ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT.