Common use of Amendments; Modification of Agreement Clause in Contracts

Amendments; Modification of Agreement. A. Processor may amend this Agreement, including without limitation, rates, rate descriptions, rate categories and other terms, at any time. Processor will inform Merchant of a proposed change in a periodic statement or other notification method pursuant to the notification section of this Agreement. Merchant will be deemed to have agreed to any such amendment if Merchant continues to present transactions to Processor after seven (7) days following receipt (deemed or actual) of the notice. Notwithstanding the foregoing, in the event any Association or Other Network increases interchange, fees or assessments, Processor may increase Merchant’s fees and charges to reflect such increases without notice to Merchant, and Merchant shall pay such increased fees and charges. B. Except as provided in this Agreement, this Agreement including any addendum or schedule or exhibit hereto shall only be modified or amended by an instrument in writing signed by Merchant and Processor. Any changes, additions, stipulations or deletions, including lining out, by Merchant, except where indicated by a space to be filled in (e.g., the space for Merchant’s name and address), shall not be deemed to be agreed to or binding upon Processor unless agreed to in writing in the form of an amendment signed by each party hereto.

Appears in 3 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement

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Amendments; Modification of Agreement. A. Processor may amend this Agreement, including without limitation, rates, rate descriptions, rate categories and other terms, at any time. Processor will inform Merchant Xxxxxxxx of a proposed change in a periodic statement or other notification method pursuant to the notification section of this Agreement. Merchant will be deemed to have agreed to any such amendment if Merchant continues to present transactions to Processor after seven (7) days following receipt (deemed or actual) of the notice. Notwithstanding the foregoing, in the event any Association or Other Network increases interchange, fees or assessments, Processor may increase Merchant’s fees and charges to reflect such increases without notice to Merchant, and Merchant shall pay such increased fees and charges. B. Except as provided in this Agreement, this Agreement including any addendum or schedule or exhibit hereto shall only be modified or amended by an instrument in writing signed by Merchant and Processor. Any changes, additions, stipulations or deletions, including lining out, by MerchantXxxxxxxx, except where indicated by a space to be filled in (e.g., the space for Merchant’s name and address), shall not be deemed to be agreed to or binding upon Processor unless agreed to in writing in the form of an amendment signed by each party hereto.

Appears in 1 contract

Samples: Merchant Processing Agreement

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