Common use of Assignment and Waiver Clause in Contracts

Assignment and Waiver. We may assign this Cardholder Agreement to a third party at any time without notice to you. However, if we assign this Cardholder Agreement, the terms will remain substantially and materially the same unless you are notified. If we reimburse you for a refund claim you have made for a lost or stolen Serve Temporary Card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Serve Temporary Card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Serve Temporary Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Serve Temporary Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under this Cardholder Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Cardholder Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.

Assignment and Waiver. We may assign this Cardholder Agreement to a third party at any time without notice to you. However, if we assign this Cardholder Agreement, the terms will remain substantially and materially the same unless you are notified. If we reimburse you for a refund claim you have made for a lost or stolen Serve Temporary CardBluebird temporary card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Serve Temporary CardBluebird temporary card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Serve Temporary CardBluebird temporary card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Serve Temporary CardBluebird temporary card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under this Cardholder Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Cardholder Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.

Assignment and Waiver. We may assign this Cardholder Agreement to a third party at any time without notice to you. However, if we assign this Cardholder Agreement, the terms will remain substantially and materially the same unless you are notified. If we reimburse you for a refund claim you have made for a lost or stolen Serve Bluebird Temporary Card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Serve Bluebird Temporary Card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Serve Bluebird Temporary Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Serve Bluebird Temporary Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under this Cardholder Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Cardholder Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.