Agreement to Maintain Performance Standards. At all times during the term of this Agreement, Bank shall perform its services hereunder and conduct the Card Program in a first class manner in accordance with this Agreement, Applicable Law and generally accepted industry practices applicable from time to time. Without limiting the generality of the foregoing, Bank shall, upon Conversion, in addition to the other requirements applicable upon Conversion, have the capability, to the same extent available under the card program provided by JNB to Zale prior to execution of this Agreement, to provide (i) transmission of Applications and other credit information between Banks and Stores by facsimile and (ii) credit services to Cardholders in Spanish, including without limitation, Applications, Required Disclosures, customer service, Account statements, collection letters, and interactive voice response on customer Account information lines. Bank shall at all times during the term hereof maintain up-to-date industry standard or better hardware and software, including without limitation, fraud protection software and other industry standard fraud protection devices. During the period beginning on the Effective Date and continuing throughout the term of this Agreement, unless a later date than the Effective Date is specified in the Performance Standards as the date by which Bank must comply with a particular Performance Standard (in which case, Bank shall meet such Performance Standard on such later date), Bank shall comply fully with all Performance Standards and shall be fully liable for any failure to comply with such Performance Standards; provided, however, that prior to Conversion Bank shall not be liable for liquidated damages resulting from any failure to comply with such Performance Standards solely to the extent such failure to comply is directly caused by the acts or omissions of ADS Alliance Data Systems, Inc., as provider of services to Zale under that certain Credit Services Processing Agreement dated May 5, 1998 among ADS Alliance Data Systems, Inc., Z Del and Jewelers Financial Services.
Agreement to Maintain Performance Standards. At all times during the Term, Bank shall perform its services hereunder and conduct the Card Program in accordance with this Agreement, Applicable Law and generally accepted industry practices applicable from time to time. Without limiting the generality of the foregoing, Bank shall maintain the capability, to the same extent available under the Original Agreement, to provide (i) transmission of Applications and other credit information between Banks and Stores by facsimile and (ii) credit services to Cardholders in Spanish, including without limitation Applications, Required Disclosures, customer service, Account statements, collection letters, and interactive voice response on customer Account information lines. Bank shall at all times during the Term maintain up-to-date industry standard or better hardware and software, including without limitation, fraud protection software and other industry standard fraud protection devices. During the period beginning on the Effective Date and continuing throughout the Term, unless a later date than the Effective Date is specified in the Performance Standards as the date by which Bank must comply with a particular Performance Standard (in which case, Bank shall meet such Performance Standard on such later date), Bank shall comply with all Performance Standards.
