Common use of Waiver; Limitations on Waiver Clause in Contracts

Waiver; Limitations on Waiver. Upon your successful validation of compliance with the PCI DSS under the PCI Program, we agree to waive your liability to us, up to $50,000, for the following fees and costs incurred as a result of a verified compromise of cardholder data that are otherwise your liability under this Agreement: (1) fees and costs associated with a required forensic audit conducted by an approved Qualified Incident Response Assessor (QIRA); (2) fines or assessments levied by a Card Organization as a result of the required forensic audit; and (3) fees and costs associated with the production and distribution of replacement credit cards for compromised card numbers (the “Waiver”). The Waiver provided under this Section is also subject to the following:

Waiver; Limitations on Waiver. Upon your successful validation of compliance with the PCI DSS under the PCI Program, we agree NPC agrees to waive your liability to usNPC, up to $50,000, for the following fees and costs incurred as a result of a verified compromise of cardholder data that are otherwise your liability under this Agreement: (1) fees and costs associated with a required forensic audit conducted by an approved Qualified Incident Response Assessor (QIRA); (2) fines or assessments levied by a Card Organization as a result of the required forensic audit; and (3) fees and costs associated with the production and distribution of replacement credit cards for compromised card numbers (the “Waiver”). The Waiver provided under this Section subsection (iii) is also subject to the following: