Sole Obligation. Xxxx’s sole obligation to CLIENT hereunder is to perform the services agreed upon, exercising the same degree of care used in processing items and data for its own use. Cliq shall not be liable for the insolvency, neglect, misconduct, mistake or default of any other bank, corporation or person. In no event shall Cliq be liable for any loss, destruction, mutilation, damage or thefts resulting from any cause whatsoever, of any data, entries, or items, except those directly attributable to willful misconduct or gross negligence on the part of Cliq.
Appears in 3 contracts
Samples: Merchant Agreement, Merchant Agreement, Data Processing and Payment Collection Agreement
Sole Obligation. Xxxx’s sole obligation to CLIENT hereunder is to perform the services agreed upon, exercising the same degree of care used in processing items and data for its own use. Cliq shall not be liable for the insolvency, neglect, misconduct, mistake or default of any other bank, corporation or person. In no event shall Cliq be liable for any loss, destruction, mutilation, damage or thefts resulting from any cause whatsoever, of any data, entries, or items, except those directly attributable to willful towillful misconduct or gross negligence on the part of Cliq.
Appears in 2 contracts
Samples: Data Processing and Payment Collection Agreement, Merchant Agreement