Common use of LIMITATION OF OUR LIABILITY Clause in Contracts

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall apply to any liability) of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant to accept a Card, the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) failure to carry out our obligations under this Agreement if that failure is caused by a third party or because of an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control; and iv) defects or faults in relation to ATMs. c. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party under any circumstances for any: i) loss of profit, interest, goodwill, business opportunity, business, revenue or anticipated savings; ii) losses related to damage to the reputation of you or any member of Your Company; or iii) any indirect, special, punitive or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party.

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall apply to any liability) of any party: (i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; (ii) for any fraud or fraudulent misrepresentation; and (iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to (a) above, we will not be responsible or liable to you you, to any of your members, Affiliates, to any of your or Your Company their employees, officers, agents or contractors, or to any third party claiming through you or any such other party, for any loss loss, cost or damage howsoever arising, whether in contract, tort (including negligence) or otherwise in relation to: (i) Any delay or failure by a Merchant to accept a Card, the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant’s acceptance or non-acceptance of the Card; (ii) goods and/or services purchased with the Card or their delivery or non-delivery; (iii) any failure to carry out our obligations under this Agreement if that failure is caused by a third party or because of an event outside beyond our reasonable controlcontrol (including, including but not limited to, a systems failure, data processing failure, industrial dispute dispute, act of terrorism, war, act of God or other action outside our control; and iv) defects or faults in relation to ATMssimilar circumstance). c. Subject to (a) above, we will not be responsible or liable to you you, to any of your members, Affiliates, to any of your or Your Company their employees, officers, agents or contractors, or to any third party claiming through you or any such other party, under any circumstances howsoever arising for any: (i) loss of profit, interest, goodwill, business opportunity, business, revenue or anticipated savings; (ii) losses related to damage to the reputation of you or any member of Your the Account Company; or (iii) any indirect, special, punitive or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party.

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall apply to any liability) of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant to accept a Card, the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) failure ailure to carry out our obligations under this Agreement if that failure is caused by a third party or because of exceptional circumstances or an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control; or where contravention of our obligations is due to our obligations under provisions of European Union or national law; and iv) defects or faults in relation to ATMs. c. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party under any circumstances for any: i) loss of profit, interest, goodwill, business opportunity, business, revenue or anticipated savings; ii) losses related to damage to the reputation of you or any member of Your Company; or iii) any indirect, special, punitive or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party.

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall apply to any liability) of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to (aSection A, clause 23(a) above, we will not be responsible or liable to you or Your Company You or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant to accept a Card, the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) failure to carry out our obligations under this Agreement (or the Cardmember Terms) if that failure is caused by a third party or because of an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control; andcontrol or where contravention of our obligations is due to our obligations under provisions of European Union or national law; iv) defects the accuracy, completeness or faults sufficiency for tax and legal compliance purposes of VAT related data supplied by Merchants which we may make available to You in relation to ATMsCharges. (We do, however, warrant that such VAT related data we make available to You is as supplied by the Merchant to us.) c. Subject to (aSection A, clause 23(a) above, we will not be responsible or liable to you or Your Company You or any third party under any circumstances for any: i) loss of profit, interest, goodwill, business opportunity, business, revenue or anticipated savings; ii) losses related to damage to the reputation of you or any member of Your your Company, howsoever caused; or iii) any indirect, special, punitive or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party.

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall will apply to any liability) of any either party: i) for death or personal injury caused by the negligence of a party one of the parties or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentationwilful intent; and iii) to the extent such insofar as this limitation or exclusion is not permitted by applicable under the ap- plicable law. b. Subject to paragraph (a) above, we will shall not be responsible or liable to you or Your you, your Company or any third party for any loss or damage arisingdamage, whether in contractAgreement, tort (including negligence) or otherwise of any other type, arising in relation toconnection with: i) the delay or failure non-acceptance of a Card by a Merchant to accept a Cardan Affiliated Establishment, the imposition by a Merchant of conditions on the use of the Card by an Affiliated Estab- lishment, or the manner form of a Merchant’s acceptance or non-acceptance of the CardCard by an Affiliated Establishment; ii) goods and/or services purchased with the Card Card, or their delivery or non-delivery; iii) failure to carry out perform our obligations under this Agreement Agreement, if that this failure is was caused by a third party or because of by an event outside beyond our reasonable control, including but not limited to, a systems failuresystem outage, data processing failureoutage, industrial dispute or any other action outside beyond our control; and iv) defects faults or faults outages in relation to ATMscash machines. c. Subject to paragraph (a) above, we will shall not be responsible or liable to you or Your you, your Company or any third party under any circumstances for anywith respect to: i) loss of profit, loss of interest, loss of goodwill, loss of business opportunityoppor- tunities, business, loss of revenue or loss of anticipated savings; ii) losses related relating to reputational damage to the reputation of you for you, or any member of Your your Company; or iii) any indirect, special, punitive indirect loss or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party.damage,

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall apply to any liability) of any party: (i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; (ii) for any fraud or fraudulent misrepresentation; and (iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to (a) above, we will not be responsible or liable to you you, to any of your members, Affiliates, to any of your or Your Company their employees, officers, agents or contractors, or to any third party claiming through you or any such other party, for any loss loss, cost or damage howsoever arising, whether in contract, tort (including negligence) or otherwise in relation to: (i) Any delay or failure by a Merchant to accept a Card, the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant’s acceptance or non-acceptance of the Card; (ii) goods and/or services purchased with the Card or their delivery or non-delivery; (iii) any failure to carry out our obligations under this Agreement if that failure is caused by a third party or because of an event outside beyond our reasonable controlcontrol (including, including but not limited to, a systems failure, data processing failure, industrial dispute dispute, act of terrorism, war, act of God or other action outside our control; and iv) defects or faults in relation to ATMssimilar circumstance). c. Subject to (a) above, we will not be responsible or liable to you you, to any of your members, Affiliates, to any of your or Your Company their employees, officers, agents or contractors, or to any third party claiming through you or any such other party, under any circumstances howsoever arising for any: (i) loss of profit, interest, goodwill, business opportunity, business, revenue or anticipated savings; (ii) losses related to damage to the reputation of you or any member of Your the Account Company; or (iii) any indirect, special, punitive or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party. d. Subject only to (a) above, all and any liability of Numarqe and Numarqe Entities howsoever arising in relation to this Agreement: (i) for loss or damage arising from any failure by Numarqe or any Numarqe Entity to comply with its data processing obligations under Section 22 shall not exceed £100,000 and (ii) shall not otherwise exceed £25,000.

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall apply to any liability) of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant to accept a Card, the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-non- delivery; iii) failure to carry out our obligations under this Agreement if that failure is caused by a third party or because of an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control; and iv) defects or faults in relation to ATMs. c. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party under any circumstances for any: i) loss of profit, interest, goodwill, business opportunity, business, revenue or anticipated savings; ii) losses related to damage to the reputation of you or any member of Your Company; or iii) any indirect, special, punitive or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party.

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall apply to any liability) of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant to accept a Card, the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) failure to carry out our obligations under this Agreement if that failure is caused by a third party or because of exceptional circumstances or an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control; or where contravention of our obligations is due to our obligations under provisions of European Union or national law; and iv) defects or faults in relation to ATMs. c. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party under any circumstances for any: i) loss of profit, interest, goodwill, business opportunity, business, revenue or anticipated savings; ii) losses related to damage to the reputation of you or any member of Your Company; or iii) any indirect, special, punitive or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party.