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Maestro Global Rules (PDF) - MasterCard

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Liabilities and Indemnification<br />

13.4 Limitation of Customer Liability<br />

For purposes of this section, a Responsible Customer’s affiliated entity is<br />

defined as follows:<br />

1. a Customer that is owned or Controlled by the Responsible Customer or is<br />

owned or Controlled by the Responsible Customer and another Customer<br />

or Customers;<br />

2. a Customer that, with the Responsible Customer, is under common<br />

Ownership by or Control of another entity; or<br />

3. a Customer that owns or Controls the Responsible Customer or shares<br />

Ownership or control of the Responsible Customer with another Customer<br />

or Customers.<br />

The obligations of each Responsible Customer under this section shall be<br />

continuing, absolute, and unconditional and shall not be discharged or impaired<br />

or otherwise affected by any act or omission (including any renewal, extension,<br />

amendment, waiver or unenforceability of any of the Guaranteed Obligations)<br />

that may vary the risk of such Responsible Customer or otherwise operate as a<br />

discharge of the obligations of such Responsible Customer as a matter of law or<br />

equity, and all defenses of the Responsible Customer with respect thereto are<br />

waived to the fullest extent permitted by applicable law.<br />

The Responsible Customer’s liability to the Corporation and all other Customers<br />

is a primary obligation, while the Corporation’s liability, if any, to another<br />

Customer is secondary, in that it only arises if a Responsible Customer is unable<br />

to pay its Guaranteed Obligations in full. Any assessments imposed on a<br />

customer for liability under this section may be collected by the Corporation,<br />

at its option, from the Customer’s settlement account or by any other means<br />

available.<br />

A Responsible Customer may not be exempted from the above-described<br />

liability except upon written notice by the General Counsel of the Corporation.<br />

13.4 Limitation of Customer Liability<br />

A Customer, solely by reason of its status as a Customer, is not personally<br />

responsible for any debts, liabilities, or obligations of the Corporation.<br />

13.5 Limitation of Corporation Liability<br />

The Corporation is not liable to any of its Customers or to any other entity that<br />

participates in the Corporation for any losses or damages that may arise in<br />

connection with participation in the Corporation.<br />

©1993–2012 <strong>MasterCard</strong>. Proprietary. All rights reserved.<br />

13-2 9 November 2012 • <strong>Maestro</strong> <strong>Global</strong> <strong>Rules</strong>

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