Our disclaimer of liability. (a) Under no circumstances shall we (including, for the purposes of this Clause 37.3, and Xxxxxx 37.9, and 37.10 below, the Agents and their and our respective directors, officers or employees, or any other person involved in creating, producing or delivering the Services or managing us for all of whom we hereby also act), including any negligence on their parts, be liable for any direct, indirect, incidental, special or consequential losses or damages that result from the use of or inability to use the Account(s) and the Services or as a result of any breach of any warranty. (b) This exclusion of liability will not apply to the extent that any Applicable Laws and Regulations prohibits such exclusion. In such event, any liability of ours arising out of any such action or omission by us (or our Agents, and our respective directors, officers or employees) shall be limited to an amount equal to the benefit to us or the other persons(s) referred to in Clause 37.3(a) above which the relevant Transaction would have resulted during the period between the date of the Transaction and the time for settlement under any Applicable Laws and Regulations.
Appears in 4 contracts
Samples: Customer Agreement, Customer Agreement, Customer Agreement
