BANK'S RIGHT TO CHARGEBACK Sample Clauses

BANK'S RIGHT TO CHARGEBACK. Bank shall have the right, at its option, to chargeback to any Retailer the Indebtedness of any Account if with respect to such Account or the underlying transaction: (a) Any presentment warranty made by a Retailer pursuant to Section 8.01 proves to have been false or inaccurate in any respect, as determined by Bank; (b) The Cardholder asserts any claim or defense against Bank as a result of any act or omission of any Retailer allegedly in violation of any applicable law, statute, ordinance, rule or regulation provided any such claim or defense constitutes a bona fide claim or defense presented by the Cardholder in good faith in the reasonable opinion of Bank, after inquiry to Retailers; (c) The Cardholder disputes the amount or existence of such Account or refuses to pay alleging dissatisfaction with Goods and/or Services received (other than dissatisfaction with Insurance or Value-Added Programs), a breach of any warranty, representation or covenant made by any Retailer in connection with the transaction, or an offset or counterclaim against Bank based on an act or omission of any Retailer, provided any such disputes constitute bona fide claims presented by Cardholders in good faith in the reasonable opinion of Bank, after inquiry to Retailers; and
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BANK'S RIGHT TO CHARGEBACK. (a) Bank shall have the right, at its option, to chargeback to Filene's Basement the amount of any Charge Slip or Credit Slip if with respect to such Charge Slip or Credit Slip, or the underlying transaction: (i) Any warranty made by Filene's Basement pursuant to Section 8.11 proves to be false or inaccurate in any respect, and as a result thereof, the Charge Slip or Credit Slip is otherwise unbillable or uncollectible, in each case as reasonably determined by Bank; (ii) The Cardholder asserts any claim or defense against Bank as a result of any act or omission of Filene's Basement allegedly in violation of any applicable law, statute, ordinance, rule or regulation; (iii) The Cardholder disputes the amount or existence of such Account or refuses to pay alleging dissatisfaction with Merchandise received, a breach of any warranty or representation by Filene's Basement in connection with the transaction, or an offset or counterclaim against Bank based on an act or omission of Filene's Basement, provided any disputes constitute bona fide claims presented by Cardholders in good faith in the reasonable opinion of Bank, after inquiry to Filene's Basement; and (iv) If the Cardholder disputes a Charge Slip and Filene's Basement cannot supply Bank with a copy of the Charge Slip as soon as reasonably practicable, but in no event later than ten (10) days of Bank's written request. (b) Bank shall have the right, at its option, to chargeback to Filene's Basement the amount of any Charge Slip or Credit Slip relating to a GECC Account if with respect to such Charge Slip or Credit Slip, or the underlying transaction, GE Capital would have had the right to chargeback such amount under the terms of the Account Purchase Agreement. (c) Bank may compromise and settle any claim made by any Cardholder if such claim may give Bank a right to chargeback in accordance with subsection 6.1(a) above up to the face amount of any Charge Slip or Credit Slip. With respect to chargebacks pursuant to Subparagraphs 6.l(a)(ii) and 6.l(a)(iii) above, Bank agrees to use commercially reasonable efforts to cooperate with Filene's Basement in resolving such disputes. (d) If Bank exercises its rights of chargeback in accordance with this Agreement, Bank shall set off amounts charged back against any sums due Filene's Basement under this Agreement or, if chargebacks exceed sums due Filene's Basement, Bank may demand payment from Filene's Basement for the full amount of such excess by netting such amou...
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BANK'S RIGHT TO CHARGEBACK. Bank shall have the right, at its option, to chargeback to Retailer [ ]* if with respect to such Charge Slip or Credit Slip, or the underlying transaction, including those in connection with an Old Account, under the following circumstances: (a) unidentifiable media, (b) unauthorized charges, (c) failure to obtain proper identification, (d) adjustments, (e) missing media and/or (f) Old Account chargebacks. It is the responsibility of Bank to provide Retailer with the following information, if available, with respect to all chargebacks: account name, account number, address, Merchandise description, issuing Retailer Location, amount, and reason for chargeback. Following are guidelines for the issuing of chargebacks which must be complied with. 1. UNIDENTIFIABLE MEDIA. Unidentifiable media is media that does not have a valid account number, or media with *Confidential treatment has been requested with respect to this information. an account number that is illegibly imprinted or written in. Bank will directly request the media from the issuing Retailer Location. The issuing Retailer Location is responsible for providing a legible copy of the media with correct account number to Bank within ten (10) days of notice to the issuing Retailer Location. Bank has the right to chargeback to Retailer if (a) the Retailer Location has not responded to the request for media before expiration of the ten (10) day period, and (b) Bank after reasonable efforts is unable to identify the Indebtedness represented by the media with a valid account number. Notwithstanding the foregoing, all chargebacks by Bank for unidentifiable media must occur within sixty (60) days of the sale date. Retailer has sixty (60) days after the date of the chargeback to complete additional research and, if successful, reverse the chargeback whereupon such Indebtedness shall again become Indebtedness with respect to which Bank shall make payment to Retailer.
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BANK'S RIGHT TO CHARGEBACK. Bank shall have the right, at its option, to chargeback to Retailer the amount of any Charge Slip or Credit Slip in accordance with the chargeback procedures set forth in the Operating Procedures if with respect thereto: (a) a Cardholder asserts any claim or defense against Bank as a result of any act or omission of Retailer, any other Person authorized to accept Credit Cards or any Person providing Value-Added Programs or Direct Marketing Programs allegedly in violation of any applicable law, statute, ordinance, rule or regulation; (b) an Cardholder disputes the amount or existence of the transaction covered by such Charge Slip or refuses to pay alleging dissatisfaction with Goods and Services received, a
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BANK'S RIGHT TO CHARGEBACK. Bank shall have the right, at its option, to chargeback to Retailer the amount of any Charge Slip or Credit Slip in accordance with the chargeback procedures set forth in the Operating Procedures if with respect thereto: (a) a Cardholder asserts any claim or defense against Bank as a result of any act or omission of Retailer, any other Person authorized to accept Credit Cards or any Person providing Value-Added Programs or Direct Marketing Programs (but excluding Account Enhancement Services) allegedly in violation of any applicable law, statute, ordinance, rule or regulation; (b) a Cardholder disputes the amount or existence of the transaction covered by such Charge Slip or refuses to pay alleging dissatisfaction with Goods and Services (other than Account Enhancement Services) received, a breach of any warranty or representation by Retailer, any other Person authorized to accept Credit Cards or any Person providing Value-Added Programs or Direct Marketing Programs (but excluding Account Enhancement Services) in connection with the transaction, or an offset or counterclaim against Bank based on an act or omission of Retailer, any other Person authorized to accept Credit Cards or any Person providing Value-Added Programs or Direct Marketing Programs (but excluding Account Enhancement Services); and (c) Retailer fails to promptly retrieve and deliver to Bank within fifteen (15) days after a request by Bank, a hard copy of such Charge Slip (unless such Charge Slip arose in connection with a mail order sale, in which event, no hard copy need be provided by Retailer).
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Related to BANK'S RIGHT TO CHARGEBACK

  • Borrower’s Right to Cure Notwithstanding anything to the contrary contained in Section 8.01, for purposes of determining whether an Event of Default has occurred under any financial covenant set forth in Section 7.11, any equity contribution (in the form of Qualified Capital Stock or other equity having terms reasonably acceptable to the Administrative Agent) made to Holdings after the last day of any Fiscal Quarter and on or prior to the day that is seven (7) Business Days after the day on which financial statements are required to be delivered for that Fiscal Quarter will, at the request of Holdings by delivery to the Administrative Agent of a notice that it intends to exercise the cure rights under this Section 8.04 and referencing that it is a notice of intent to cure under this Section 8.04 (a “Notice of Intent to Cure”), be included in the calculation of Consolidated EBITDA for the purposes of determining compliance with the financial covenants set forth in Section 7.11 at the end of such Fiscal Quarter and any subsequent period that includes such Fiscal Quarter (any such equity contribution, a “Specified Equity Contribution”); provided that (a) Holdings shall not be permitted to so request that a Specified Equity Contribution be included in the calculation of Consolidated EBITDA with respect to any Fiscal Quarter unless, after giving effect to such requested Specified Equity Contribution, there will be a period of at least two (2) consecutive Fiscal Quarters in the Relevant Four Fiscal Quarter Period in which no Specified Equity Contribution has been made, (b) no more than two (2) Specified Equity Contributions may be made in the Relevant Four Fiscal Quarter Period, (c) no more than four (4) Specified Equity Contributions may be made in the aggregate during the term of this Agreement, (d) the amount of the Specified Equity Contribution shall be no greater than the amount required to cause Holdings to be in compliance with the financial covenants set forth in Section 7.11 for the Relevant Four Fiscal Quarter Period, (e) except for calculations of Excess Cash Flow for the purposes of Section 2.05(b)(i) only (in which case, Specified Equity Contributions will be included in the calculation of Excess Cash Flow for the Fiscal Year during which the Fiscal Quarter giving rise to the respective Specified Equity Contribution occurred), all Specified Equity Contributions will be disregarded for all other purposes under the Loan Documents (including, without limitation, calculating Consolidated EBITDA for purposes of determining basket levels, Retained Excess Cash Flow Amount, Applicable Fee Rate, Applicable Rate, Consolidated Total Lease Adjusted Leverage Ratio and other items governed by reference to Consolidated EBITDA, and for purposes of the Restricted Payment covenant in Section 7.06(f) and the Investment covenant in Section 7.03(o)), (f) the proceeds of all Specified Equity Contributions will be contributed to the Borrower as proceeds of Qualified Capital Stock or other equity having terms reasonably acceptable to the Administrative Agent, (g) if the proceeds of the Specified Equity Contribution are used to repay Indebtedness, such Indebtedness shall not be deemed to have been repaid for purposes of calculating any financial covenant set forth in Section 7.11 or for purposes of calculating the Consolidated Total Lease Adjusted Leverage Ratio, in each case for the Relevant Four Fiscal Quarter Period, and (h) upon the Administrative Agent’s receipt of a Notice of Intent to Cure, until the fifteenth Business Day after the day on which financial statements are required to be delivered for that Fiscal Quarter to which such Notice of Intent to Cure relates, none of the Administrative Agent or any Lender shall exercise the right to accelerate the Loans or terminate the Commitments and none of the Administrative Agent, or any other Lender or Secured Party shall exercise any right to foreclose on or take possession of the Collateral solely on the basis of an Event of Default having occurred and being continuing under Section 7.11, but shall not be restricted from doing any of the foregoing with respect to any other Event of Default and each other Default or Event of Default that may exist at such time shall continue to exist and shall not be affected by the exercise of the cure of rights hereunder; provided, that until timely receipt of the Specified Equity Contribution, an Event of Default shall be deemed to exist for all other purposes of the Loan Documents.

  • Lender's Right to Cure If any Ground Lease Default shall occur and be continuing, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground Lease, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

  • OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten (10)-calendar day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

  • BUYER’S RIGHT TO CANCEL If after completion of an appraisal by a licensed appraiser, Buyer receives written notice from the Lender or the appraiser that the Property has appraised for less than the Purchase Price (a “Notice of Appraised Value”), Buyer may cancel the REPC by providing written notice to Seller (with a copy of the Notice of Appraised Value) no later than the Financing & Appraisal Deadline referenced in Section 24(c); whereupon the Xxxxxxx Money Deposit shall be released to Buyer without the requirement of further written authorization from Seller.

  • Landlord’s Right to Cure If Landlord breaches any of its obligations under this Lease, Tenant shall notify Landlord in writing and shall take no action respecting such breach so long as Landlord promptly begins to cure the breach and diligently pursues such cure to its completion. Landlord may cure any default by Tenant; any expenses incurred shall become Additional Rent due from Tenant on demand by Landlord.

  • STUDENT’S RIGHT TO CANCEL You have the right to cancel this agreement and obtain a refund of charges paid through the attendance at the first class session, or the seventh day after enrollment, whichever is later.

  • Fund's Right to Proceed Notwithstanding anything to the contrary contained herein, each Fund shall have, at its election upon reasonable notice to the Custodian, the right to enforce, to the extent permitted by any applicable agreement and applicable law, the Custodian's rights against any Subcustodian, Securities System, Eligible Securities Depository or other Person for loss, damage or expense caused such Fund by such Subcustodian, Securities System, Eligible Securities Depository or other Person, and shall be entitled to enforce the rights of the Custodian with respect to any claim against such Subcustodian, Securities System, Eligible Securities Depository or other Person, which the Custodian may have as a consequence of any such loss, damage or expense, if and to the extent that such Fund has not been made whole for any such loss or damage. If the Custodian makes such Fund whole for any such loss or damage, the Custodian shall retain the ability to enforce its rights directly against such Subcustodian, Securities System, Eligible Securities Depository or other Person. Upon such Fund's election to enforce any rights of the Custodian under this Section 5.05, such Fund shall reasonably prosecute all actions and proceedings directly relating to the rights of the Custodian in respect of the loss, damage or expense incurred by such Fund; provided that, so long as such Fund has acknowledged in writing its obligation to indemnify the Custodian under Section 5.03 hereof with respect to such claim, such Fund shall retain the right to settle, compromise and/or terminate any action or proceeding in respect of the loss, damage or expense incurred by such Fund without the Custodian's consent and provided further, that if such Fund has not made an acknowledgment of its obligation to indemnify, such Fund shall not settle, compromise or terminate any such action or proceeding without the written consent of the Custodian, which consent shall not be unreasonably withheld or delayed. The Custodian agrees to cooperate with each Fund and take all actions reasonably requested by such Fund in connection with such Fund's enforcement of any rights of the Custodian. Each Fund agrees to reimburse the Custodian for all reasonable out-of-pocket expenses incurred by the Custodian on behalf of such Fund in connection with the fulfillment of its obligations under this Section 5.05; provided, however, that such reimbursement shall not apply to expenses occasioned by or resulting from the negligence, misfeasance or misconduct of the Custodian.

  • Owner’s Right to Stop Work The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

  • Right to Set Off Notwithstanding anything to the contrary in this License Agreement, each Party has the right at all times to retain and set off against all amounts due and owing to the other Party as determined in a final judgment any damages recovered by such Party for any Losses incurred by such Party.

  • HHS Right to Use Contractor agrees that HHS has the right to use, produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws.

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