6.1b. ERMUSR 09-09-2014 - Laserfiche WebLink

Home Browse Search

C Paymentus The Roall ime 13111 Payment Company 7,10 Time of the Essence Paymentus and Customer acknowledge and agree that limo is of the essence for the completion of the Services to be performed and oaoh parties respective obligations under this Agreement. 8 Indemnification 8.1 Paymentus Indemnification and Hold Harmless Paymentus agrees to the fullest extent permitted by law, to indemnify and hold harmless the Customer and its governing officials, agents, employees, and attorneys (collectively, the "Customer Indemnitees") from and against all liabilities, demands, losses, damages, costs or expenses (including reasonable attorney's fees and costs),Incurred by any Customer Indenmltee as a result or arising out of(i) the willful misconduct or negligence of Paymentus In performing the Services or(II)a material broach by Paymontus of its covenants. 8.2 Customer Indemniflcatlon and Hold Harmless Customer agrees to the fullest extent permitted by law,to Indemnify and hold harmless Paymontus, its affiliates, officers, directors, stockholders, agents, employees, and representatives, (collectively, the "Paymontus Indomnitees")from and against all liabilities, demands, losses, damages,costs or expenses (including without limitation reasonable attorney's fees and expenses) Incurred by any Paymontus Indernniteo as a result or arising out of(I)the willful misconduct or negligence of Customer related to the Services or(ii)a material breach of Customer's covenants, 8.3 Warranty Disclaimer Except as expressly set forth In this Agreement,Paymontus disclaims all other representations or warranties,express or implied, made to the Customer or any other parson,including without limitation,any warranties regarding quality,suitability,merchantability,fitness,for a particular purpose or otherwise of any services or any good provided incidental to the Services provided under this Agreement. 8.4 Limitation of Liability Notwithstanding the foregoing, the parties agree that neither party shall be liable to the other for any lost profits,lost savings or other special,indirect or consequential damages,even If the party has been advised of or could have foreseen the possibility of such damages.Paymentus'total liability for damages for any and all actions associated with tills Agreement or the Services shall in no event exceed the specific dollar amount of the Paymontus Service Foe paid to Paymontus for the particular payment transaction which Is the subject matter of the claim of damage. -7- 79