RESPONSIBILITY FOR ERRORS; LIMIT ON LIABILITY; NO CONSEQUENTIAL DAMAGES. In the general course of business, Pensxx xxx Correspondent shall each be responsible for correcting their own errors. In any action by Correspondent against Pensxx xxx any claim arising out of the relationship created by this Agreement, Pensxx xxxll only be liable to Correspondent in cases of gross negligence or willful misconduct, and in such cases Pensxx xxxll only be liable for the amount or actual monetary losses suffered by Correspondent. Correspondent, shall not, in any such action or proceeding, or otherwise, assert any claim against Pensxx xxx consequential damages on account of any loss, cost, damage or expense which Correspondent may suffer or incur related to transactions in connection with this Agreement or otherwise, including, but not limited to, any lost opportunity claims.
RESPONSIBILITY FOR ERRORS; LIMIT ON LIABILITY; NO CONSEQUENTIAL DAMAGES. (a) In no event shall Apex be liable to Correspondent in any way for any interruption, delay or. disruption of any Apex Service (including the Third Party Provider Services) to the extent that any such interruption, delay or disruption is caused by any third party or event (including without limitation a weather-related event) or is otherwise outside of Apex’s reasonable control. In any action by Correspondent against Apex for any claim arising out of the relationship created by this Agreement, but without expanding any obligations or liability of Apex pursuant hereto, in no event shall Apex have any liability to Correspondent absent Apex’s own gross negligence or willful misconduct. In no event shall Apex be liable for any non-monetary losses suffered by Correspondent. In no event shall Apex have any responsibility for any losses, liabilities or damages resulting from the acts or omissions of third party agents, contractors, information providers, Iicensors or other suppliers beyond any amount which Apex is able to recover pursuant to its agreement, if any, with such entity.
