Covenants of the ISO. The ISO covenants and agrees that during (i) the Term, or (ii) the period expressly specified herein, as applicable, the ISO shall comply with all covenants and provisions of this Article VI, except to the extent the Parties consent in writing to a waiver of such covenants or performance is excused pursuant to Section 11.13(b).
Covenants of the ISO. (a) The ISO agrees to actively solicit and use his best efforts to procure prospective merchants (the “Prospective Merchants”) for the purpose of having them enter into credit card and/or check guarantee processing agreements with MAP (collectively, the “Processing Agreements”). The ISO agrees and understands that in addition to using his best efforts to cause the Prospective Merchants to enter into the Processing Agreements, the ISO shall also use his best efforts to cause the Prospective Merchants to enter into sale and leasing agreements, for the electronic processing equipment required to enable MAP to perform the credit card and/or check guarantee processing services (the “Equipment Agreements”).
(b) The ISO will provide written notice to MAP from time to time about the types of Prospective Merchants that it proposes to approach as potential users of the MAP Services, such notice to include the types of locations and types of business in which they are engaged. MAP will, within fourteen (14) business days, notify the ISO of its approval concerning the solicitation of such merchants, which approval will not be unreasonably withheld. MAP’s failure to respond to the ISO’s notice within such time period shall be deemed as MAP’s approval to solicit such merchants, however, MAP shall retain, in its sole and absolute discretion, the right to accept or reject any Prospective Merchant.
(c) Whenever the ISO introduces a Prospective Merchant to MAP, MAP shall provide to the ISO such documents and information concerning such MAP Services as reasonably requested by the ISO, including, but not limited to, such agreements (the “Other Agreements”) which may be required by the various banks or financial clearing companies (the “Third Party Providers”) with whom MAP is currently providing the MAP Services in conjunctions with and which are to be entered into by such prospective merchant. The ISO acknowledges that each Prospective Merchant is also subject to the approval of the Third Party Providers, in their sole and absolute discretion. The ISO will use its best efforts to cause the Prospective Merchants to enter into the Other Agreements, including any changes as may be required from time to time.
(d) The ISO will use its best efforts to cause all merchants retained by it to fully comply with all current and future rules and regulations promulgated by the Third Party Providers, VISA, MasterCard and other credit card sponsors and licensers relating to the MAP Services...
Covenants of the ISO. The ISO covenants and agrees that it shall comply with all covenants and provisions of this Article VI, except to the extent the Parties consent in writing, pursuant to Section 11.02 of this Agreement, to waive such covenants, or performance is excused pursuant to Section 11.09 of this Agreement.
