Common use of Of Supplier Clause in Contracts

Of Supplier. If Bank of America’s review of financial statements causes Bank of America to question Supplier’s ability to perform its duties hereunder, Bank of America may request, and Supplier shall provide to Bank of America, reasonable assurances of Supplier’s ability to perform its duties hereunder. Failure by Supplier to provide such reasonable assurances to Bank of America shall be deemed a material breach of this Agreement. Furthermore, Supplier shall notify Bank of America immediately in the event there is a change of control or material adverse change in Supplier’s business or financial condition.

Appears in 2 contracts

Samples: General Services Agreement (Cardlytics, Inc.), General Services Agreement (Cardlytics, Inc.)

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Of Supplier. If Bank of America’s review of financial statements causes Bank of America to question Supplier’s ability to perform its duties hereunder, Bank of America may request, and Supplier shall provide to Bank of America, reasonable assurances of Supplier’s ability to perform its duties hereunder. Failure by Supplier to provide such reasonable assurances to Bank of America shall be deemed a material breach of this Agreement. Furthermore, Supplier shall notify Bank of America immediately in In the event there is a change of control or material adverse change in Supplier’s business or financial condition.

Appears in 2 contracts

Samples: Software License, Customization and Maintenance Agreement (Cardlytics, Inc.), Software License, Customization and Maintenance Agreement (Cardlytics, Inc.)

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