Laserfiche WebLink
ii. The failuce of Mcrchan[, its employees or agents to opera[e [he EPX System or SoRware properly <br /> in accordance with the instructions provided by EPX; or <br /> iii. The neglect or misuse of thc EsPX System or Software by Merchant, its employees or agents. <br /> 8.3. Limitation of Liabilirv. Ncither Bank nor EPX shall be liable to Merchant or Merchanfs customers or <br /> any other pexson for any of the following: <br /> i. Any loss or liability resulting from the denial of credit to any person or Mcrchant's retention of <br /> any Card or any attempt to do so; <br /> ii. My loss caused by a Transaction downgrade resulting from defective or faulty software <br /> regardless if owned by Bank, EPX or Merchant; or <br /> iii. Interruption or terntination of any Services caused by any reason except for the gross negligence <br /> of EPX; and in such case, any liability shall be solely that of EPX and the liability of EPX shall <br /> be ]imited to a fiill or partial waiver of terminal or Software fees due under this Agreement. <br /> 8.4. Limitation on Damaees. In no case shall Merchant be entitled to recover damages from EPX or Bank <br /> which exceed the fees retained by Bank and EPX pursuant to this Agreement during the one (1) month <br /> period immediately prior to thc event giving rise to thc claim for damages. <br /> 8.5. Indemnification. Merchant agrees to indemnify and hold Bank and EPX harmless finm any and all <br /> losses, claims, damages, liabilities and expenses, including attomeys' fees and costs (whether or not an <br /> attorney is an employee of or affiliates, Bank or Bank's affiliatcs or EPX or EPX's affiliates) arising <br /> out of any oFthe following: <br /> i. Mcrchant's failure to comply with this Agreement; <br /> ii. Any act or omission of Merchant; <br /> iii. Merchant's Failure ro comply with the Manuals; <br /> iv. MerchanYs faiiure to comply with any bylaw, rule, regulation, guideline or policy of any <br /> Association or Issuer; <br /> v. Merchant's failure to comply with any applicable law, rule or regulation; <br /> vi. Any Cazdholder dispute conceming the quality, condition or dclivery of any Merchant <br /> merchandise or the quality of performance of any Merchant service; <br /> vii. The fraud or dishonesty of Merchant or Merchant's employees, licensees, successors, agents <br /> and/or assigns; <br /> viii. Merchant's selection of an Intemet service provider or other telecommunication services provider; <br /> ix. '1'he theft of, misuse of, damage to or desuvction of any Software; or <br /> x. Card-Not-Present Trnnsacuons, unauthorized Transactions or prohibited Transactions. <br /> NEITHER BANK NOR EPX SHALL BE LIABLE FOR ANY PUNITIVE, INDIRECT, SPECIAL <br /> OR CONSEQUENTIAL DAMAGES TO MERCHANT OR TO ANY THIRD PARTY IN <br /> CONNECTION WITH OR ARISING OUT OF TH[S AGREEMENT OR ANY OF THE SERVICES <br /> TO BE PGRFORMED RY BANK OR EPX PURSUANT TO THIS AGREEMENT. <br /> MERCHANT ACKNOWLEDGES 1'HAT NEI'I'HER BANK NOR EPX HAS PROVIDED ANY <br /> WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT <br /> LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR <br /> PURPOSE, WITH RESPEC7' TO ANY SOFTWARE INSTALLED OR PROVIDED BY EPX. <br /> BANK HAS NO LIABILITY WITH RESPECT TO ANY SOFTWARE. NEITHER BANK NOR <br /> EPX MAKES ANY REPRESENTATIONS OR WARRANT[ES, EXPRESS OR IMPLIED, <br /> REGARDING THE SERVICES IT PROVIDES HEREW. SHOULD THERE BE ERRORS, <br /> OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM BANK'S OR EPX'S <br /> PERFORMANCE OR FAILURE TO PERFORM OF ANY KIND, BANK'S AND EPX'S <br /> LIABILITY SHALL BB LIMITED TO CORRECTING SUCH ERRORS IF COMMERCIALLY <br /> REASONABLE. <br /> �������� <br /> (nitinls (',+�c 16 of 19 <br />