Common use of Company Inserts Clause in Contracts

Company Inserts. The Company and its Affiliates shall have the exclusive right to communicate with Cardholders, except for the Servicer’s servicing messages or any message required by Applicable Law, through use of inserts, onserts, and fillers (which shall be included on all billing envelopes) (collectively, “Inserts”), including Inserts selectively targeted for particular segments of Cardholders, in any and all Billing Statements (including electronic Billing Statements) and envelopes, subject to production requirements contained in the Operating Procedures, the Servicer Systems limitations, and Applicable Law; provided that, in no event shall the Company request a physical insert for any customer that is billed electronically. (****). The Servicer shall provide the Company with as much advance notice as is reasonably practicable regarding its intent to use Inserts for any of such messages. If the insertion of Inserts in particular Billing Statements would increase the postage costs for such Billing Statements, the Company agrees to either pay for the incremental postage cost (over the cost that would apply without such Inserts) or prioritize the use of Inserts to avoid postage cost over-runs. The Company shall provide the Servicer with as much advance notice as reasonably practicable regarding the inclusion of a particular Insert in particular Billing Statements. The Company shall deliver Insert materials to the Servicer no later than the fifteenth (15th) day of the month prior to the month in which the Inserts would be included in a mailing. The Company shall retain all revenues it receives from all Inserts. For the avoidance of doubt, other than with respect to Inserts required by the Servicer for servicing or Applicable Law, the Servicer shall not have the right to communicate with Cardholders via Inserts without the prior approval of the Company.

Company Inserts. The Company and its Affiliates shall have the exclusive right to communicate with Cardholders, except for the ServicerBank’s servicing messages or and any message required by Applicable Law, through use of inserts, onserts, fillers and fillers bangtails (which shall be included on all billing envelopes) (collectively, “Inserts”), including Inserts selectively targeted for particular segments of Cardholders, in any and all Billing Statements (including electronic Billing Statements) and envelopes, subject to production requirements contained in the Operating Procedures, the Servicer Systems Bank’s System limitations, the Specifications Book, and Applicable Law; provided that, in no event shall the Company request a physical insert for any customer that is billed electronically. ([****)]. The Servicer Bank shall provide the Company with as much advance notice as is reasonably practicable regarding its the Bank’s intent to use Inserts for any of such messagesmessages by the Bank. If the insertion of Inserts in particular Billing Statements would increase the postage costs for such Billing Statements, the Company agrees to either pay for the incremental postage cost (over provided in proportion to the cost that would apply without weight of such InsertsInserts relative to the weight of all inserts in such Billing Statements) or prioritize the use of Inserts to avoid postage cost over-runs. The Company Bank’s Manager shall provide the Servicer Company with as much advance notice as reasonably practicable regarding the inclusion of a particular Insert in particular Billing Statements. The Company shall be entitled to deliver Insert materials to the Servicer Bank no later than the fifteenth fourteen (15th14) day of the month Business Days prior to the month in which the Inserts would be included Bank’s mailing date for inclusion in a mailing. The Company shall retain all revenues it receives from all InsertsInserts (other than any Inserts promoting the Company Credit Cards or Approved Ancillary Products that the Company may permit to be produced and distributed in accordance with the Marketing Plan). For the avoidance of doubt, other than with respect to Inserts required by the Servicer Bank for servicing or otherwise by Bank policies or Applicable Law, the Servicer Bank shall not have the no right to communicate with Cardholders via Inserts without the prior approval of the Company.

Company Inserts. The Company and its Affiliates shall have the exclusive right to communicate with Cardholders, except for the ServicerBank’s servicing messages or and any message required by Applicable Law, through use of inserts, onserts, fillers and fillers bangtails (which shall be included on all billing envelopes) (collectively, “Inserts”), including Inserts selectively targeted for particular segments of Cardholders, in any and all Billing Statements (including electronic Billing Statements) and envelopes, subject to production requirements contained in the Operating Procedures, the Servicer Systems Bank’s System limitations, the Specifications Book, and Applicable Law; provided that, in no event shall the Company request a physical insert for any customer that is billed electronically. (****). ) The Servicer Bank shall provide the Company with as much advance notice as is reasonably practicable regarding its the Bank’s intent to use Inserts for any of such messagesmessages by the Bank. If the insertion of Inserts in particular Billing Statements would increase the postage costs for such Billing Statements, the Company agrees to either pay for the incremental postage cost (over provided in proportion to the cost that would apply without weight of such InsertsInserts relative to the weight of all inserts in such Billing Statements) or prioritize the use of Inserts to avoid postage cost over-runs. The Company Bank’s Manager shall provide the Servicer Company with as much advance notice as reasonably practicable regarding the inclusion of a particular Insert in particular Billing Statements. The Company shall be entitled to deliver Insert materials to the Servicer Bank no later than the fifteenth fourteen (15th14) day of the month Business Days prior to the month in which the Inserts would be included Bank’s mailing date for inclusion in a mailing. The Company shall retain all revenues it receives from all InsertsInserts (other than any Inserts promoting the Company Credit Cards or Approved Ancillary Products that the Company may permit to be produced and distributed in accordance with the Marketing Plan). For the avoidance of doubt, other than with respect to Inserts required by the Servicer Bank for servicing or otherwise by Bank policies or Applicable Law, the Servicer Bank shall not have the no right to communicate with Cardholders via Inserts without the prior approval of the Company.

Company Inserts. The Company and its Affiliates shall have the exclusive right to communicate with Cardholders, except for the Servicer’s servicing messages or any message required by Applicable Law, Cardholders through use of inserts, onserts, fillers and fillers bangtails (which shall be included on all billing envelopes) (collectively, “Inserts”), including Inserts selectively targeted for particular segments of Cardholders, in any and all Billing Statements (including electronic Billing Statements) and envelopes, subject to production requirements contained in the Operating Procedures, the Servicer Systems limitations, Procedures and Applicable Law; , except that Bank shall be entitled to provide to Cardholders Inserts required by Applicable Law. Except as otherwise provided thatin the Marketing Plan, in no event and except for Inserts required by Applicable Law and related to delinquent Accounts (which shall be paid for by the Bank), the Company request a physical insert shall be responsible for the content and look and feel of, and the cost of preparing and printing, any customer that is billed electronically. (****). The Servicer shall provide the Company with as much advance notice as is reasonably practicable regarding its intent to use Inserts for any of such messagesInserts. If the insertion of Inserts (except for Inserts required by Applicable Law) in particular Billing Statements would increase the postage costs for such Billing Statements, the Company agrees to either pay for the incremental postage cost (over provided in proportion to the cost that would apply without weight of such InsertsInserts relative to the weight of all inserts in such Billing Statements) or prioritize the use of Inserts to avoid postage cost over-runs. The Company Bank’s Manager shall provide the Servicer Company with as much advance notice as reasonably practicable regarding the inclusion of a particular Insert in particular Billing Statements. The Company shall be entitled to deliver Insert materials to the Servicer Bank no later than the fifteenth ten (15th10) day of the month calendar days prior to the month in which the Inserts would be included Bank’s mailing date for inclusion in a mailing. The Company shall retain all revenues it receives from all InsertsInserts (other than any Active.15844721.1 Inserts promoting the Company Credit Cards or Approved Ancillary Products that the Company may permit to be produced and distributed in accordance with the Marketing Plan). For the avoidance of doubt, other than with respect to Inserts required by the Servicer for servicing or Applicable Lawas set forth in this Section 5.2(a), the Servicer Bank shall not have the no right to communicate with Cardholders via Inserts without the prior approval of the Company, and except for Inserts required by Applicable Law, the Inserts of the Bank shall have lower priority than the Company’s Inserts.

Company Inserts. The Company and its Affiliates shall have the exclusive right to communicate with Cardholders, except for the Servicer’s servicing messages or any message required by Applicable Law, through use of inserts, onserts, fillers and fillers bangtails (which shall be included on all billing envelopes) (collectively, “Inserts”), including Inserts selectively targeted for particular segments of Cardholders, in any and all Billing Statements (including electronic Billing Statements) and envelopes, subject to production requirements contained in the Operating Procedures, the Servicer Systems limitations, Procedures and Applicable Law; .Except as otherwise provided thatin the Marketing Plan, in no event and except for Inserts required by Applicable Law (which shall be paid for by the Bank), the Company request a physical insert shall be responsible for the content and look and feel of, and the cost of preparing and printing, any customer that is billed electronically. (****). The Servicer shall provide the Company with as much advance notice as is reasonably practicable regarding its intent to use Inserts for any of such messagesInserts. If the insertion of Inserts in particular Billing Statements would increase the postage costs for such Billing Statements, the Company agrees to either pay for the incremental postage cost (over provided in proportion to the cost that would apply without weight of such InsertsInserts relative to the weight of all inserts in such Billing Statements) or prioritize the use of Inserts to avoid postage cost over-runs. The Company Bank's Manager shall provide the Servicer Company with as much advance notice as reasonably practicable regarding the inclusion of a particular Insert in particular Billing Statements. The Company shall be entitled to deliver Insert materials to the Servicer Bank no later than the fifteenth five (15th5) day of the month calendar days prior to the month in which the Inserts would be included Bank's mailing date for inclusion in a mailing. The Company shall retain all revenues it receives from all InsertsInserts (other than any Inserts promoting the Company Credit Cards or Approved Ancillary Products that the Company may permit to be produced and distributed in accordance with the Marketing Plan). Subject to the Company's prior written approval, the Bank may communicate with Cardholders in the Inserts about the Program as necessary for the Bank to comply with its obligations under this Agreement. For the avoidance of doubt, other than with respect to Inserts required by the Servicer for servicing or Applicable Law, the Servicer Bank shall not have the no right to communicate with Cardholders via Inserts without the prior approval of the Company; provided, however, in any given Billing Cycle in which there is additional space in the Billing Statements, Bank shall have the right to include Inserts related to Approved Ancillary Products.