Common use of MERCHANTS RESPONSIBILITY Clause in Contracts

MERCHANTS RESPONSIBILITY. Xxxxxxxx is responsible for: (i) the results of using xXxxxx.Xxx Transactions and the corresponding ACH transactions; and (ii) for the accuracy and adequacy of the data Merchant or Xxxxxxxxx.Xxx provides to FNBO. FNBO is not responsible to third parties (such as, but not limited to, Merchant’s customers) for Merchant’s use of xXxxxx.Xxx Transactions and the corresponding ACH transactions. If a third party claim is made against FNBO arising out of xXxxxx.Xxx Transactions or the corresponding ACH transactions, Xxxxxxxx’s breach of these ACH terms, or breach of any warranty under the Rules (as referenced in Section 4), Xxxxxxxx agrees to defend, indemnify and hold FNBO harmless against such claim. The foregoing obligation of Merchant shall be primary and independent of, and FNBO shall have no obligation to assert or pursue, any indemnification or other rights it may have pursuant to its agreement with Xxxxxxxxx.Xxx.

MERCHANTS RESPONSIBILITY. Xxxxxxxx Merchant is responsible for: (i) the results of using xXxxxx.Xxx Transactions and the corresponding ACH transactions; and (ii) for the accuracy and adequacy of the data Merchant or Xxxxxxxxx.Xxx provides to FNBO. FNBO is not responsible to third parties (such as, but not limited to, Merchant’s customers) for Merchant’s use of xXxxxx.Xxx Transactions and the corresponding ACH transactions. If a third party claim is made against FNBO arising out of xXxxxx.Xxx Transactions or the corresponding ACH transactions, XxxxxxxxMerchant’s breach of these ACH terms, or breach of any warranty under the Rules (as referenced in Section 4), Xxxxxxxx Merchant agrees to defend, indemnify and hold FNBO harmless against such claim. The foregoing obligation of Merchant shall be primary and independent of, and FNBO shall have no obligation to assert or pursue, any indemnification or other rights it may have pursuant to its agreement with Xxxxxxxxx.Xxx.