Common use of Certain Responsibilities of Bank Clause in Contracts

Certain Responsibilities of Bank. (a) In addition to its other obligations set forth elsewhere in this Agreement, Bank agrees that during the Term it shall: (i) extend credit (or cause one of its Affiliates to extend credit) on newly originated and existing Accounts in accordance with the Risk Management Policies and Operating Procedures; (ii) comply (and cause its applicable Affiliates to comply) with the terms of the Cardholder Agreements, the Program Privacy Policies and all Cardholder opt-outs; (iii) after the Systems Transition Date, provide any Account information required for the NMG Companies’ administration of any Loyalty Program; (iv) in accordance with Section 7.2, after the Documentation Services Transition Date, prepare, process and mail Cardholder Billing Statements, Inserts, privacy policy notices, change in terms notices and other communications to Cardholders and perform any other Services required to be performed pursuant to this Agreement from time to time; (v) provide training with respect to Program operations, including training of POS personnel and NMG Servicer personnel in the Bank’s policies and procedures with respect to the Program and in the use of any Bank Systems utilized in the Program; (vi) to the fullest extent permitted by Applicable Law and Bank’s or its Affiliate’s agreements with third parties, as requested from time to time by NMG, provide transaction and experience information about cardholders of Bank’s and its Affiliates’ other Credit Card programs and customers of Bank’s and its Affiliates’ other consumer loan programs and assist the NMG Companies and their Affiliates in using such information to develop marketing plans for their businesses; and (vii) to the fullest extent permitted by Applicable Law and Bank’s or its Affiliate’s agreements with third parties, as requested from time to time by NMG, permit the NMG Companies to solicit or offer NMG Goods and Services to cardholders of Bank’s and its Affiliates’ other Credit Card programs and customers of Bank’s and its Affiliates’ other consumer loan programs.

Certain Responsibilities of Bank. (a) In addition to its other obligations set forth elsewhere in this Agreement, Bank agrees that during the Term it shall: (i) extend credit (or cause one of its Affiliates to extend credit) on newly originated and existing Accounts in accordance with the Risk Management Policies and Operating Procedures; (ii) comply (and cause its applicable Affiliates to comply) with the terms of the Cardholder Agreements, the Program Privacy Policies and all Cardholder opt-outs; (iii) after the Systems Transition Date, provide any Account information required for the NMG Companies’ administration of any Loyalty Program; (iv) in accordance with Section 7.2, after the Documentation Services Transition Date, prepare, process and mail Cardholder Billing Statements, Inserts, privacy policy notices, change in terms notices and other communications to Cardholders and perform any other Services required to be performed pursuant to this Agreement from time to time; (viv) provide training procedure and process documentation with respect to Program operations, including training of POS personnel and NMG Servicer personnel in the Bank’s policies and procedures with respect to the Program and in the use of any Bank Systems utilized in the ProgramProgram to the extent that the same are not Bank proprietary information or trade secrets; (viv) to the fullest extent permitted by Applicable Law Law, the Privacy Policy, and Bank’s or its Affiliate’s agreements with third parties, as reasonably requested from time to time by NMGPier 1, provide aggregate transaction and experience information about cardholders of Bank’s and its Affiliates’ other Credit Card programs programs, and customers of Bank’s assist Pier 1 and its Affiliates’ other consumer loan programs and assist the NMG Companies and their Affiliates in using such information to develop marketing plans for their businesses; and; (viivi) to the fullest extent permitted by Applicable Law and Law, the Privacy Policy, Bank’s or its Affiliate’s agreements with third parties, and Bank’s policies governing Comparable Partner Programs as reasonably requested from time to time by NMGPier 1, permit the NMG Companies Pier 1 to solicit or offer NMG Pier 1 Goods and Services to cardholders of Bank’s and its Affiliates’ other Credit Card programs programs; (vii) maintain a System to process Applications, using the underwriting and customers credit limit assignment policy set forth in the Risk Management Policies and the Operating Procedures; (viii) maintain call centers in accordance with the terms of Schedule 4.3(a)(viii); (ix) provide Account monitoring services, including identifying delinquencies, identifying collection efforts required, implementing credit-line adjustments, over limit authorizations and Account deactivation or cancellation; (x) handle collection and recovery efforts in respect of Accounts; (xi) process remittances from Cardholders; (xii) produce and issue all new, replacement and reissued credit card plates related to Pier 1 Credit Cards; and (xiii) upon reaching mutual agreement regarding appropriate payments to Bank’s , Bank will provide and its Affiliates’ manage a non-payment specific Loyalty Program for persons not having a Pier 1 Credit Card, which Loyalty Program will include, among other consumer loan programsterms, the terms described on Schedule 4.3(a)(xiii).

Certain Responsibilities of Bank. (a) In addition Ix xxxxtion to its other obligations set forth elsewhere in this Agreement, Bank agrees that during the Term it shall: (ia) extend credit (or cause one of its Affiliates to extend credit) on newly originated and existing Accounts in accordance with the Risk Management Policies and Operating Procedures; (iib) comply (and cause its applicable Affiliates to comply) with the terms of the Cardholder Agreements, the Program Privacy Policies and all Cardholder opt-outs; (iiic) after the Systems Transition Date, provide any Account information required for the NMG Companies’ Belk's or its Affiliates' administration of any Loyalty Program; (ivx) in accordance with Section 7.2, after the Documentation Services Transition Date, prepare, process and mail Cardholder Billing Statements, Inserts, privacy policy notices, change in terms notices and other communications to Cardholders and perform any other Services required to be performed pursuant to this Agreement from time to time; (ve) provide training to Belk trainers with respect to Program operations, including appropriate training of Belk trainers for POS personnel, Belk Servicer personnel and NMG Servicer HSBC personnel in the Bank’s 's policies and procedures with respect to the Program and in the use of any Bank Systems utilized in the Program; (vif) provide marketing support in accordance with Article V of this Agreement; (g) provide a field marketing team to support Parent stores and the regional and store managers in matters related to in-store execution of the Program; the size of such field marketing team shall be as set forth in Schedule 4.3(g); the responsibilities of such field marketing team shall include providing in-store training on the Program, sharing best practices on in-store execution, supporting credit events, and supporting new store openings; (h) to the fullest extent permitted by Applicable Law and Bank’s 's or its Affiliate’s Affiliates' agreements with third parties, as requested from time to time by NMGBelk, provide transaction and experience information about cardholders of Bank’s 's and its United States consumer finance Affiliates’ ' other Credit Card programs and customers of Bank’s 's and its United States consumer finance Affiliates’ ' other consumer loan programs and assist the NMG Companies Belk and their its Affiliates in using such information to develop marketing plans for their businesses; and; (viii) deliver daily data feeds as set forth on Schedule 4.3; (j) provide customer-facing service personnel who are dedicated exclusively to the Program; (k) develop and communicate quarterly earnings forecasts to the Operating Committee and update such forecasts on a weekly basis; (l) maintain at least the same operating hours for the call center relating to the Program as in effect on the date of this Agreement; (m) perform the applicable Services in accordance with the service level standards set forth in Section 7.3; (n) actively participate in Belk's peak and holiday sales planning, monitoring and support meetinxx; (o) participate in and support the testing of Belk's disaster recovery plan (provided, that each Party will pay its xxx xosts); (p) upon mutual agreement of the Parties, to the fullest extent permitted by Applicable Law and Bank’s 's or its Affiliate’s Affiliates' agreements with third parties, as requested from time to time by NMGBelk, permit the NMG Companies Parent or Belk to solicit or offer NMG Belk Goods and Services to cardholders of Bank’s 's and its Affiliates’ ' other Credit Card programs and customers of Bank’s 's and its Affiliates’ ' other consumer loan programs; and (q) as of the Conversion Date, provide servicing and administrative support for Belk's lay-away plan (specifically, the Migerobe plan) in accordance xxxx Xchedule 4.3(q).