Common use of Credit and Financial Inquiries; Additional Locations; Inspections Clause in Contracts

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon Servicer’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by Servicer. Additional locations may be added, subject to Servicer's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit Servicer, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. Servicer, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Law, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and audit. Nothing in this Section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 7 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

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Credit and Financial Inquiries; Additional Locations; Inspections. Servicer may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon Servicer’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by Servicer. Additional locations may be added, subject to Servicer's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit Servicer, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. Servicer, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 6 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon Servicer’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by Servicer. Additional locations may be added, subject to Servicer's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit Servicer, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive MerchantXxxxxxxx's obligation to comply in all respects with the terms of this Agreement. Servicer, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 6 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Settlor may make, at any time, any credit inquires inquiries which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerXxxxxxx’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Settlor may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has adhered or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. Servicer, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice notice, during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit. • 5.22 Marketing of Non-Bankcard Services by ISO. From time to time, save that ISO may offer to Merchant will bear certain additional products and services which may or may not be related to the cost processing of any audit carried out credit card Transactions. In the event of such offers, Merchant shall indicate its desire to ISO to decline such offers or be deemed to have accepted the offers and be liable for payment therefore. Bank shall have no responsibility or liability to Merchant for performance of such non-credit card transac- tion services if provided by Bank ISO or at the request of a Card Brandthird party, and ISO and Merchant shall enter separate agreements pertaining to such services, if any.

Appears in 3 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Settlor may make, at any time, any credit inquires inquiries which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerXxxxxxx’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Settlor may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has adhered or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive MerchantXxxxxxxx's obligation to comply in all respects with the terms of this Agreement. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice notice, during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.interferes

Appears in 3 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires inquiries which it may consider necessary to accept or review acceptance of this Agreement Agreement, or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the Merchant and business including its proprietor, partners, principal owners or shareholders principals, owners, shareholders, or officers. Upon ServicerProvider’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns returns, and other financial information as Servicer Provider may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to ServicerProvider's approvalprior consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement Agreement, and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel personnel, or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 2 contracts

Samples: Merchant Agreement, Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the Merchant and business including its proprietor, partners, principal principals, owners or shareholders or officers. Upon ServicerProvider’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Provider may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to ServicerProvider's approvalprior consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive MerchantXxxxxxxx's obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 2 contracts

Samples: Merchant Processing Agreement, Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the Merchant and business including its proprietor, partners, principal principals, owners or shareholders or officers. Upon ServicerProvider’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Provider may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to ServicerProvider's approvalprior consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 2 contracts

Samples: Merchant Agreement, Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Settlor may make, at any time, any credit inquires inquiries which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerSettlor’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Settlor may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has adhered or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice notice, during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 2 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Bank may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerBank’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Bank may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 2 contracts

Samples: Merchant Agreement, Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's ’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or creditand/or criminal check of the Merchant and business including without limitation its proprietor, partners, principal owners or shareholders principals, owners, directors, managers, shareholders, or officers. Upon ServicerProvider’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Provider may consider necessary to perform initial or periodic reviews of Merchant's ’s financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to Servicer's approvalProvider’s prior written consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and Agreementand is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's ’s obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice uponnotice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in Nothingin this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 2 contracts

Samples: Merchant Agreement, Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the Merchant and business including its proprietor, partners, principal principals, owners or shareholders or officers. Upon Servicer’s Provider's request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Provider may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to ServicerProvider's approvalprior consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s 's facilities will be made accessible, upon notice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 2 contracts

Samples: Merchant Agreement, Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the Merchant and business including without limitation its proprietor, partners, principal owners or principals, owners, directors, managers, shareholders or officers. Upon ServicerProvider’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Provider may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to ServicerProvider's approvalprior written consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 1 contract

Samples: Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon Servicer’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by Servicer. Additional locations may be added, subject to Servicer's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit Servicer, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. Servicer, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Law, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and audit. Nothing in this Section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.and

Appears in 1 contract

Samples: Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer may makeThe bank may, at any time, any credit inquires perform reasonable procedural or financial reviews and inquiries of Merchant, unless circumstances require an immediate review, which it may consider Bank considers necessary to accept or review acceptance of this Agreement or investigate Merchant's ’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such reviews and inquiries may include, but are not limited to, a credit and/or and criminal check checks of the business business, including its proprietor, partners, principal owners or shareholders or officers, reviews of the Merchant’s security policies, procedures, and controls including, without limitation, certifications and results of examinations or other review procedures thereof. Upon Servicer’s requestXxxxxxxx authorizes parties contacted by Bank to release the credit information requested by Bank, and Xxxxxxxx agrees to provide Bank a separate authorization for release of credit information if requested. Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax tax, and business tax returns returns, and other financial information as Servicer Bank may consider necessary to perform initial or periodic reviews of the Merchant's ’s financial stability and business practices. Without limiting the generality of the foregoing, the Merchant shall provide to Bank its balance sheet and income statements not less frequently than every three calendar months during the term of this Agreement. Merchant shall provide all information requested by Bank to complete Bank’s audit, and Merchant warrants all information provided shall be true, complete, and accurate. The Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to Servicer's Bank’s approval, which shall be at Bank’s sole discretion. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records records, and license or permit (where necessary) to conduct its business. However, nothing in this Section Paragraph may be deemed to waive the Merchant's ’s obligation to comply in all respects with the terms of this Agreement. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations regulations, and guidance applicable to the services, Card acceptance and acceptance, Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, Agreement and Merchant’s facilities will be made accessiblefacilities, upon notice during normal business hours hours, for an examination so the Bank may determine if Merchant maintains sufficient experienced personnel, facilities, and auditsystems to perform Merchant’s obligations under this Agreement and determine if Merchant will perform in a professional manner that does not discredit Bank or Card Associations. Nothing in this Section Paragraph may be construed to require Merchant to give access to its facilities, personnel personnel, or records in a manner that unreasonably interferes with its business operations. Each Except for investigations undertaken in connection with Damages asserted against or incurred by Bank under Section E (3) hereunder, which shall be borne by Merchant, each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brandexamination.

Appears in 1 contract

Samples: Merchant Services Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Bank may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerBank’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Bank may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive MerchantXxxxxxxx's obligation to comply in all respects with the terms of this Agreement. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 1 contract

Samples: Merchant Agreement

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Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Bank may make, at any time, any credit inquires inquiries which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerBank’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Bank may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has adhered or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice notice, during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 1 contract

Samples: Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Settlor may make, at any time, any credit inquires inquiries which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerSettlor’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Settlor may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has adhered or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. Servicer, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice notice, during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit. • 5.22 Marketing of Non-Bankcard Services by ISO. From time to time, save that ISO may offer to Merchant will bear certain additional products and services which may or may not be related to the cost processing of any audit carried out credit card Transactions. In the event of such offers, Merchant shall indicate its desire to ISO to decline such offers or be deemed to have accepted the offers and be liable for payment therefore. Bank shall have no responsibility or liability to Merchant for performance of such non-credit card transac- tion services if provided by Bank ISO or at the request of a Card Brandthird party, and ISO and Merchant shall enter separate agreements pertaining to such services, if any.

Appears in 1 contract

Samples: Merchant Processing Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's ’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or creditand/or criminal check of the Merchant and business including without limitation its proprietor, partners, principal owners or shareholders principals, owners, directors, managers, shareholders, or officers. Upon ServicerProvider’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Provider may consider necessary to necessaryto perform initial or periodic reviews of Merchant's ’s financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to Servicer's approvalProvider’s prior written consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and Agreementand is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's ’s obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice uponnotice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in Nothingin this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 1 contract

Samples: Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Settlor may make, at any time, any credit inquires inquiries which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerSettlor’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Settlor may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has adhered or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice notice, during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit. • 5.22 Marketing of Non-Bankcard Services by ISO. From time to time, save that ISO may offer to Merchant will bear certain additional products and services which may or may not be related to the cost processing of any audit carried out credit card Transactions. In the event of such offers, Merchant shall indicate its desire to ISO to decline such offers or be deemed to have accepted the offers and be liable for payment therefore. Bank shall have no responsibility or liability to Merchant for performance of such non-credit card transac- tion services if provided by Bank ISO or at the request of a Card Brandthird party, and ISO and Merchant shall enter separate agreements pertaining to such services, if any.

Appears in 1 contract

Samples: Merchant Processing Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the Merchant and business including its proprietor, partners, principal principals, owners or shareholders or officers. Upon ServicerProvider’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Provider may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to ServicerProvider's approvalprior consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive MerchantXxxxxxxx's obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brandanyaudit.

Appears in 1 contract

Samples: Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Bank may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's ’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the Merchant and business including its proprietor, partners, principal principals, owners or shareholders or officers. Upon ServicerBank’s request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Bank may consider necessary to perform initial or periodic reviews of Merchant's ’s financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to Servicer's approvalBank’s prior consent. Any party to this Agreement Bank or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's ’s obligation to comply in all respects with the terms of this AgreementAgreement or the Rules. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 1 contract

Samples: Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Provider may make, at any time, any credit inquires which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's ’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the Merchant and business including without limitation its proprietor, partners, principal owners or shareholders principals, owners, directors, managers, shareholders, or officers. Upon ServicerProvider’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Provider may consider necessary to perform initial or periodic reviews of Merchant's ’s financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerProvider. Additional locations may be added, subject to Servicer's approvalProvider’s prior written consent. Any party to this Agreement Provider or Merchant may delete any location remove locations by providing notice as provided herein. Merchant will permit ServicerProvider, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit permits (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive Merchant's ’s obligation to comply in all respects with the terms of this AgreementAgreement or the Network Rules. ServicerProvider, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable LawLaws and Network Rules, rulesincluding, regulations and guidance applicable but not limited to, relating to the services, Card acceptance and Transaction processing, and data security provisions, including provisions and Card Brand Network compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination and auditaudit and shall cooperate with such audits or examinations. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its own expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.

Appears in 1 contract

Samples: Merchant Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer Settlor may make, at any time, any credit inquires inquiries which it may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon ServicerXxxxxxx’s request, Merchant Xxxxxxxx will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Settlor may consider necessary to perform initial or periodic reviews of Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by ServicerBank. Additional locations may be added, subject to ServicerBank's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit ServicerBank, at any time and from time to time, to inspect locations to confirm that Merchant has adhered or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section paragraph may be deemed to waive MerchantXxxxxxxx's obligation to comply in all respects with the terms of this Agreement. ServicerBank, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Lawfederal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand Association compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice notice, during normal business hours for examination and audit. Nothing in this Section section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit. • 5.22 Marketing of Non-Bankcard Services by ISO. From time to time, save that ISO may offer to Merchant will bear certain additional products and services which may or may not be related to the cost processing of any audit carried out credit card Transactions. In the event of such offers, Merchant shall indicate its desire to ISO to decline such offers or be deemed to have accepted the offers and be liable for payment therefore. Bank shall have no responsibility or liability to Merchant for performance of such non-credit card transac- tion services if provided by Bank ISO or at the request of a Card Brandthird party, and ISO and Merchant shall enter separate agreements pertaining to such services, if any.

Appears in 1 contract

Samples: Merchant Processing Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer may (a) Merchant authorizes Bank and BCC to make, at any time, any credit inquires which it either may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's ’s deposit or Card acceptance transaction activities subsequent to acceptance of this AgreementAgreement or Merchant’s financial condition. Such inquiries may shall include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon Servicer’s requestIf requested to do so by Bank or BCC, Merchant will shall provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide, if requested, quarterly financial statements within forty‐five (45) days after the end of each fiscal quarter and annual audited financial statements within ninety (90) days after the end of each fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles. Merchant will also provide any such other financial statementsstatements and other information, including income tax and business tax returns and other financial information as Servicer Bank or BCC may consider necessary to perform performs initial or periodic reviews of Merchant's ’s financial stability and business practices. practices and its compliance with the terms and provisions of this Merchant Agreement. (b) Merchant may accept honor Cards only at locations approved by ServicerBank. Additional locations may be added, subject to Servicer's Bank’s approval. Any party to this Agreement Either Merchant or Bank may delete any location by providing notice as provided herein. Merchant will in this Agreement. (c) Xxxxxxxx agrees to permit ServicerBank or BCC, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license license(s) or permit permit(s) (where necessary) to conduct its business. However. (d) Representatives of Bank or BCC may, nothing in this Section may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. Servicer, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Law, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination hours, inspect, audit and audit. Nothing in this Section may be construed make copies of Merchant’s books, accounts, records and files pertaining to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card Brand.Transaction

Appears in 1 contract

Samples: Merchant Application/Processing Agreement

Credit and Financial Inquiries; Additional Locations; Inspections. Servicer may (a) Merchant authorizes Bank and Cornerstone to make, at any time, any credit inquires inquiries which it either may consider necessary to accept or review acceptance of this Agreement or investigate Merchant's ’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may shall include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon Servicer’s requestIf requested to do so by Bank or Cornerstone, Merchant will shall provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements, income tax and business tax returns and other financial information as Servicer Bank or Cornerstone may consider necessary to perform initial or periodic reviews of Merchant's ’s financial stability and business practices. ; (b) Merchant may accept honor Cards only at locations approved by ServicerCornerstone and Bank. Additional locations may be added, subject to Servicer's Cornerstone and Bank’s approval. Any party to this Agreement Either Merchant or Cornerstone may delete any location by providing notice as provided herein. in this Agreement; (c) Merchant will agrees to permit Servicer, Bank or Cornerstone at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Section may paragraph shall be deemed to waive Merchant's ’s obligation to comply in all respects with the terms of this Agreement. Servicer; (d) Representatives of Bank or Cornerstone may, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with Applicable Law, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Brand compliance. Merchant will make available its records maintained and produced under this Agreement, and Merchant’s facilities will be made accessible, upon notice during normal business hours for examination hours, inspect, audit and audit. Nothing in this Section may be construed make copies of Merchant’s books, accounts, records and files pertaining to require Merchant to give access to its facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit, save that Merchant will bear the cost of any audit carried out by Bank or at the request of a Card BrandTransaction.

Appears in 1 contract

Samples: Merchant Card Processing and Security Agreement

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