The ISDA Master Agreement is a standard contract published by the International Swaps and Derivatives Association (“ISDA”). This contract governs all over-the-counter “OTC” derivatives transactions, cleared or uncleared, entered into between counterparties.
The ISDA Master Agreement sets out different provisions such as counterparties’ obligations and events that may affect those, payment and deliveries, contract termination, dispute mechanism, and a number of other legal provisions that help create an effective and robust contract.
ISDA, its officers, directors, employees, subcontractors, agents, successors or assigns (collectively "Covered Parties") shall not be liable to you for any loss, injury, claim, liability or damage of any kind whatsoever resulting from, arising out of or in any way related to: (a) any errors in or omissions from the ISDA Content; (b) your use of the ISDA Content; (c) your use of any equipment or software in connection with the ISDA Content; or (d) any delay or failure in performance. The aggregate liability of the Covered Parties to you in connection with any other claim arising out of or relating to the ISDA Content shall not exceed USD500.00, which right shall be in lieu of all other remedies that the Client may have against ISDA. In no event shall the Covered Parties be liable for any special, indirect, incidental or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees), lost profits or lost savings in any way due to, resulting from or arising in connection with the ISDA Content contained therein, regardless of any negligence of the Covered Parties.
ISDA® is a registered trademark.