Common use of Third Party Assessments Clause in Contracts

Third Party Assessments. Notwithstanding any other provision of this Agreement, Sub-Merchant will be responsible for all fines, assessments, penalties, loss allocations or similar amounts imposed or assessed to Sub-Merchant, WorkWave, Acquirer, or Bank in connection with this Agreement by third parties such as, but not limited to, Associations and TPSPs (including telecommunication companies) to the extent that such amounts are not the direct result of the negligence or willful misconduct of Acquirer, Bank or WorkWave, as applicable. Any changes or increases in such amounts will automatically become effective upon notice to Sub-Merchant. In the event that Acquirer assesses WorkWave with the cost of funds associated with a circumstance where Acquirer, for whatever reason, advances settlement or other amounts and/or delays the assessment of any fees, Sub-Merchant will be responsible for any portion of such assessment that is attributable to the Services provided to Sub-Merchant.