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It is agreed that in no event will Global Direct or Member be liable for any claim, loss, billing error, damage, <br />or expense arising out of or relating in any way to this Merchant Services Agreement which is not reported in writing to <br />Global Direct by Merchant within 60 days of such failure to perform or, in the event of a billing error, within 90 days <br />of the date of the invoice or applicable statement. Merchant expressly waives any such claim that is not brought within <br />the time periods stated herein. <br /> <br />Nothing in this Merchant Services Agreement shall be construed to amend the rights or remedies Vendor and <br />Merchant have against each other under the Agreement. <br /> <br />