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  • 8 Miscellaneous

    • 8.1 Liabilities of SAMA

      Notwithstanding anything to the contrary in these Operating Rules or in any document or electronic communication referred to in these Operating Rules, neither SAMA nor any of its officers, employees or agents ("a Specified Party") shall be liable for any losses, or damages or expenses of any kind, whether direct or consequential ("Losses") suffered by a Direct Participant or any other person arising directly or indirectly from: 
       
       a)any delays caused by or malfunctions or breakdowns or any inadequacy of the Service,
       
       b)any interruption or loss of the Service or of any of the services contemplated by the Service,
       
       c)any liability for Losses attributable to those parts of the Service which are the responsibility of a Direct Participant or to a Direct Participants fault or systems, or
       
       d)(without limitation) any acts or omissions of a Specified Party in connection with the Service or these Operating Rules;
       
    • 8.2 Force Majeure

      A specified Party shall not be liable for any Losses or any non-performance of the Operating Rules or of Payment Messages or of any obligation in relation to the Service arising directly or indirectly from circumstances beyond reasonable control.

    • 8.3 Emergencies

      If any malfunction, breakdown, or interruption or any emergency affects the Service or its operations, transactions will be handled in accordance with the directions of SAMA. Without limiting the discretion of SAMA, SAMA may extend the hours of operation of the Service, direct the use of contingency facilities or close down the Service in whole or in part.

    • 8.4 Direct Participants Act as Principals Only

      Each Direct Participant shall be liable as principal in respect of its Payment Messages.

    • 8.5 Assignments

      No Direct Participant may assign all or any of its rights or obligations under these Operating Rules. The Service Operating Rules bind the successors of each Direct Participant.

    • 8.6 Dispute Settlement

      In the case of any unresolved disputes or claims arising between any persons in relation to these Operating Rules or any rules, regulations or directives issued pursuant to them, the complainant may submit the dispute or claim to SAMA.

    • 8.7 Severability

      In case any provision in this Operating Rules shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

    • 8.8 Governing Law

      These Operating Rules are governed by the Laws of the Kingdom of Saudi Arabia.