Common use of Compensation and Liability Clause in Contracts

Compensation and Liability. 6.1 We are liable to you for any direct loss you suffer from our failure to provide our Collection Services to you in accordance with this agreement. However, to the extent permitted by law, we limit our liability to you: (a) for a breach of this agreement, to the fees paid or payable by you for Collection Services for the Debt in relation to which the breach occurred; and (b) for a breach of any condition or warranty implied by law, to the supplying again, or paying the cost of supplying again, the Collection Services in respect of which the breach occurred. 6.2 If we suffer loss or incur liability because of: (a) a breach by you of this agreement; or (b) your negligence, you indemnify us to the full extent of that loss suffered or liability incurred. This includes all lawyers’ fees (on a full indemnity basis), and/or actual Court costs, fees, expenses and disbursements. At our option, you agree to assume the conduct of any proceedings brought against us relating to the supply of inaccurate, out of date, incomplete or otherwise misleading information you have given us, and to pay all costs and damages associated with those proceedings. If we decide to retain conduct of proceedings, you agree to provide all documents and assistance as we may reasonably request. 6.3 In clause 6.2, references to “we” and “us” include our officers, employees, contractors and agents.