Common use of Credit Card Proceeds Clause in Contracts

Credit Card Proceeds. Agent shall have the right (but not the obligation) to use Merchant's credit card facilities (including Merchant's credit card terminals and processor(s), credit card processor coding, Merchant identification number(s) and existing bank accounts) for credit card Proceeds. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s), and shall take such other actions necessary to process credit card transactions under Merchant's Merchant identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's name to enable Agent to process all credit card Proceeds for Agent's account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. To the extent available from credit card processors, Agent shall have the right (but not the obligation) to use Merchant's ’s credit card facilities (including Merchant's ’s credit card terminals and processor(s), credit card processor coding, Merchant identification number(s) and existing bank accounts) for credit card ProceedsProceeds relating solely to the Sale. In So long as Merchant’s credit card facilities are available to the Agent, in the event that Agent elects so to use Merchant's ’s credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's ’s account, applying customary practices and procedures. Agent shall not accept Merchant’s proprietary card. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's ’s credit card processor(s), ) and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant ’s identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request’s request following the Payment Date and the payment of all amounts then due to Merchant by Agent, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's ’s name to enable Agent to process all such credit card Proceeds for Agent's ’s account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, charges and chargebacks related to the Sale, whether received during or after the Sale Term. Merchant makes no representation that the credit card processors shall permit the use of Merchant’s credit card facilities on the same terms and conditions as they did prior to the date hereof, and Merchant shall not be obligated to assure the availability of such credit card facilities. Notwithstanding anything herein to the contrary, if Agent elects to use Merchant’s credit card facilities during the Sale, Agent shall be required to make all arrangements necessary with Merchant’s credit card processors regarding the establishment of reserves for credit card sales during the Sale Term, and no funds of Merchant shall be used to establish any such reserves.

Credit Card Proceeds. Agent shall have use its best efforts to establish its own merchant identification numbers under Agent’s name to enable Agent to process all credit card sales for Agent’s account within ten (10) days after the right (but not Sale Commencement Date. Until such time as Agent establishes its own identification numbers, during the obligation) to Sale Term Agent may use Merchant's ’s credit card facilities (including Merchant's ’s credit card terminals and processor(s), merchant identification number(s), credit card processor coding, Merchant identification number(s) coding and existing bank accounts) accounts utilized for collection of credit card Proceeds. In the event that Agent elects so sales) to use Merchant's process credit card facilities, sales. Merchant shall process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate reasonably and in good faith with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s), and shall take such other actions necessary to process ’s credit card transactions under Merchant's Merchant ’s merchant identification number(s). All Until such time as Agent establishes its own merchant identification numbers, Merchant shall deposit the net settlement received from any credit card Proceeds will constitute sales receipts into the property of the Agent and shall be held by Merchant in trust for AgentDesignated Deposit Accounts. Merchant shall deposit all prepare a weekly reconciliation of the amounts deposited into the Designated Deposit Accounts in respect of the sales of Merchandise by credit card, and of the Sales Taxes attributable to such sales, less credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noonbank card fees, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's requestchargebacks and service charge adjustments, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's name to enable Agent to process all credit card Proceeds for Agent's accountreturns allowances and customer credits. Merchant shall not be responsible for paying and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Agent shall have use its reasonable best efforts to establish its own merchant identification numbers under Agent’s name to enable Agent to process all credit card sales for Agent’s account within ten (10) days after the right (but not Sale Commencement Date. Until such time as Agent establishes its own identification numbers, during the obligation) to Sale Term, Agent may use Merchant's ’s credit card facilities (including Merchant's ’s credit card terminals and processor(s), credit card processor coding,) for credit card sales; provided, Merchant however Agent shall not accept Merchant’s proprietary credit card; provided, however, until such time as Agent establishes its own identification numbers, to the extent available, Agent shall also have the right to use Merchant’s identification number(s) and existing bank accounts) for , to process credit card Proceedssales. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's accounttransactions, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s), and shall take such other actions necessary to process ’s credit card transactions under Merchant's Merchant ’s merchant identification number(s). All Until such time as Agent establishes its own merchant identification numbers, Merchant shall deposit the net settlement received from any credit card Proceeds will constitute sales receipts into the property of the Agent and shall be held by Designated Merchant in trust for AgentAccounts. Merchant shall deposit all prepare a weekly reconciliation of the amounts deposited into the Designated Merchant Accounts in respect of the sales of Merchandise by credit card, and of the Sales Taxes attributable to such sales, less credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noonbank card fees, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's requestchargebacks and service charge adjustments, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's name to enable Agent to process all credit card Proceeds for Agent's accountreturns allowances and customer credits. Merchant shall not be responsible for paying and Agent shall pay as an Expense hereunder, all credit card fees, fees charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Agent shall have the right (but not the -------------------- obligation) to use Merchant's credit card facilities (including Merchant's credit card terminals and processor(s), credit card processor coding, Merchant merchant identification number(s) and existing bank accounts, but excluding the Xxxxxxxxxx Xxxx in-house charge card facility with General Electric) for credit card Proceeds. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s), and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant merchant identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request, Merchant shall cooperate with Agent to establish Merchant merchant identification numbers under Agent's name to enable Agent to process all credit card Proceeds for Agent's account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term. Notwithstanding anything to the contrary in this Section 7.3, Agent shall not have the right to use Merchant's private label charge cards unless General Electric agrees in writing to an arrangement acceptable to Agent with respect thereto.

Credit Card Proceeds. Agent shall have the right (but not the obligation) to use Merchant's ’s credit card facilities (including Merchant's ’s credit card terminals and processor(s), credit card processor coding, Merchant identification number(s) and existing bank accounts) for credit card ProceedsProceeds relating solely to the Sale. In the event that Agent elects so to use Merchant's ’s credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's ’s account, applying customary practices and procedures. Agent shall not accept Merchant’s proprietary card. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's ’s credit card processor(s), ) and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant ’s identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request’s request following the Payment Date and the payment of all amounts then due to Merchant by Agent, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's ’s name to enable Agent to process all such credit card Proceeds for Agent's ’s account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, charges and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Agent shall have the right (but not the obligation) be allowed to use Merchant's ’s current credit card facilities systems and servicing arrangements (including Merchant's ’s credit card terminals and processor(s), credit card processor coding,) during the course of the Sale; provided, Merchant however, Agent shall establish its own merchant identification number(s) and existing bank accounts) for numbers as soon as practicable following the Sale Commencement Date; provided further however, Agent shall not be permitted to accept Merchant’s proprietary or private label credit card Proceedsfor processing sales of Merchandise in the Closing Stores, unless Agent reaches an agreement reasonably satisfactory to the Merchant. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's accounttransactions, applying customary practices and procedures. Without limiting In the foregoing, event that Merchant shall cooperate with Agent is unable to down-load data from all maintain credit card terminals each day during the Sale Term systems and to effect settlement with Merchant's credit card processor(s)servicing arrangements, and it shall take such other actions necessary to process credit card transactions under Merchant's Merchant identification number(s). All credit card Proceeds will constitute the property of the give Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily not less than one (on the date received by Merchant if received 1) weeks’ prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available fundsnotice. At Agent's ’s request, Merchant shall cooperate with Agent to establish Merchant merchant identification numbers under Agent's ’s name to enable Agent to process all credit card Proceeds sales for Agent's ’s account. Merchant shall deposit the net settlement received from any credit card sales receipts into the Designated Deposit Accounts until Agent opens the Agency Accounts, at which time any credit card sales receipts shall be deposited into the Agency Accounts. Merchant shall prepare a weekly reconciliation of the amounts deposited with respect to the sales of Merchandise by credit plus Sales Taxes less credit card and bank card fees, chargebacks and service charge adjustments, returns allowances and customer credits. Merchant shall not be responsible for paying and Agent shall pay as an Expense hereunder, all credit card fees, fees charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Agent shall have the right (but not the obligation) to use Merchant's credit card facilities (including Merchant's credit card terminals and processor(s)processors, credit card processor coding, Merchant identification number(s) numbers and existing bank accounts) for credit card Proceeds. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s)processors, and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant identification number(s)numbers. All Following payment in full of the Guaranteed Amount, all credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's name to enable Agent to process all credit card Proceeds for Agent's account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Prior to the payment of the Guaranteed Amount, Agent shall have the right (but not the obligation) to use Merchant's ’s credit card facilities (including Merchant's ’s credit card terminals and processor(s), credit card processor coding, Merchant merchant identification number(s) and existing bank accounts) for credit card Proceeds. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall continue to process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's ’s credit card processor(s), and shall take such other actions necessary to process credit card transactions under Merchant's Merchant ’s merchant identification number(s). All Prior to payment in full of the Guaranteed Amount, Merchant and Agent shall reconcile credit card Proceeds weekly as provided in Section 8.8 of this Agreement. After payment in full of the Guaranteed Amount, (a) all credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Agent and (b) Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At In addition, after payment in full of the Guaranteed Amount, at Agent's ’s request, Merchant shall cooperate with Agent to establish Merchant merchant identification numbers under Agent's ’s name to enable Agent to process all credit card Proceeds for Agent's ’s account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, charges and chargebacks related to the Store Closing Sale, whether received during or after the Sale Term; provided, however, the Merchant shall inform Agent of any chargebacks as promptly as practicable.

Credit Card Proceeds. From and after payment in full of the Guaranteed Amount (whether through collection of Proceeds or exercise of the Merchant Option), Agent shall have the right (but not the obligation) to use Merchant's ’s credit card facilities (including Merchant's ’s credit card terminals and processor(s), credit card processor coding, Merchant identification number(s) and existing bank accounts, and further including Merchant’s proprietary credit card) for credit card ProceedsProceeds relating solely to the Sale. In the event that Agent elects so to use Merchant's ’s credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's ’s account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load download data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's ’s credit card processor(s), and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant ’s identification number(s). All credit card Proceeds will constitute the property At Agent’s request following payment in full of the Agent Guaranteed Amount (whether through collection of Proceeds or exercise of the Merchant Option and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on provided the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's requestSecurity Conditions are satisfied), Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's ’s name to enable Agent to process all such credit card Proceeds for Agent's ’s account. Merchant shall not be responsible for for, and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Agent shall have the right (but not the obligation) to use Merchant's credit card facilities (including Merchant's credit card terminals and processor(s), credit card processor coding, Merchant merchant identification number(s) numbers and existing bank accounts) for credit card Proceeds. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s), and shall take such other actions necessary to process credit card transactions under Merchant's Merchant merchant identification number(s)numbers. All credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust Merchant, In Trust, for Agent, free and clear of all liens, claims or encumbrances of Merchant or its creditors. Merchant shall deposit all credit card Proceeds into a segregated designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one (1) business day) by wire transfer of immediately available funds. At Agent's request, Merchant shall cooperate with Agent to establish Merchant merchant identification numbers under Agent's name to enable Agent and to process all credit card Proceeds for Agent's account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Agent shall have the right (but not the obligation) to use Merchant's ’s credit card facilities (including Merchant's ’s credit card terminals and processor(s), credit card processor coding, Merchant identification number(s) and existing bank accounts) for credit card ProceedsProceeds relating solely to the Sale. In the event that Agent elects so to use Merchant's ’s credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's ’s account, applying customary practices and procedures. To the extent available, Agent may accept Merchant’s proprietary card. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's ’s credit card processor(s), ) and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant ’s identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request’s request following the Payment Date and the payment of all amounts then due to Merchant by Agent, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's ’s name to enable Agent to process all such credit card Proceeds for Agent's ’s account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, charges and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. To the extent available from credit card processors, Agent shall have the right (but not the obligation) to use Merchant's ’s credit card facilities (including Merchant's ’s credit card terminals and processor(s), credit card processor coding, Merchant identification number(s) and existing bank accounts) for credit card ProceedsProceeds relating solely to the Sale. In So long as Merchant’s credit card facilities are available to the Agent, in the event that Agent elects so to use Merchant's ’s credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's ’s account, applying customary practices and procedures. Agent shall not accept Merchant’s proprietary card. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's ’s credit card processor(s), ) and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant Xxxxxxxx’s identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request’s request following the Payment Date and the payment of all amounts then due to Merchant by Agent, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's ’s name to enable Agent to process all such credit card Proceeds for Agent's ’s account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, charges and chargebacks related to the Sale, whether received during or after the Sale Term. Merchant makes no representation that the credit card processors shall permit the use of Merchant’s credit card facilities on the same terms and conditions as they did prior to the date hereof, and Merchant shall not be obligated to assure the availability of such credit card facilities. Notwithstanding anything herein to the contrary, if Agent elects to use Merchant’s credit card facilities during the Sale, Agent shall be required to make all arrangements necessary with Xxxxxxxx’s credit card processors regarding the establishment of reserves for credit card sales during the Sale Term, and no funds of Merchant shall be used to establish any such reserves.

Credit Card Proceeds. Agent shall use its reasonable best efforts to establish its own merchant identification numbers under Agent's name to enable Agent to process all credit card sales for Agent's account prior to the expiration of the Merchant Account Usage Period. Until such time as Agent establishes its own identification numbers, Agent shall have the right (but not the obligation) to use Merchant's credit card facilities (including Merchant's credit card terminals and processor(s), credit card processor coding, Merchant identification number(s) and existing bank accounts) for credit card Proceeds. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s), and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by deposited into the Designated Merchant in trust for AgentAccounts or Agency Accounts, as the case may be. Merchant shall deposit all To the extent credit card Proceeds are deposited into a designated account and the Designated Merchant Accounts, Merchant shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds, provided, that upon Lender Agent's request, Merchant shall provide to Lender Agent an accounting of all such credit card Proceeds deposited into the Designated Merchant Accounts. At Agent's request, Merchant shall cooperate with Agent to establish Merchant merchant identification numbers under Agent's name to enable Agent to process all credit card Proceeds for Agent's account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Agent shall use its reasonable best efforts to establish its own merchant identification numbers under Agent's name to enable Agent to process all credit card sales for Agent's account prior to the expiration of the Merchant Account Usage Period. Until such time as Agent establishes its own identification numbers, Agent shall have the right (but not the obligation) to use Merchant's credit card facilities (including Merchant's credit card terminals and processor(s), credit card processor coding, Merchant identification number(s) and existing bank accounts) for credit card Proceeds. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s), and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by deposited into the Designated Merchant in trust for AgentAccounts or Agency Accounts, as the case may be. Merchant shall deposit all To the extent credit card Proceeds proceeds are deposited into a designated account and the Designated Merchant Accounts, Merchant shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request, Merchant shall cooperate with Agent to establish Merchant identification numbers under Agent's name to enable Agent to process all credit card Proceeds for Agent's account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term.

Credit Card Proceeds. Agent shall have the right (but not the -------------------- obligation) to use Merchant's credit card facilities (including Merchant's credit card terminals and processor(s), credit card processor coding, Merchant merchant identification number(s) and existing bank accounts) for credit card Proceeds. In the event that Agent elects so to use Merchant's credit card facilities, Merchant shall process credit card transactions on behalf of Agent and for Agent's account, applying customary practices and procedures. Without limiting the foregoing, Merchant shall cooperate with Agent to down-load data from all credit card terminals each day during the Sale Term and to effect settlement with Merchant's credit card processor(s), and shall take such other actions necessary to process credit card transactions on behalf of Agent under Merchant's Merchant merchant identification number(s). All credit card Proceeds will constitute the property of the Agent and shall be held by Merchant in trust for Agent. Merchant shall deposit all credit card Proceeds into a designated account and shall transfer such Proceeds to Agent daily (on the date received by Merchant if received prior to 12:00 noon, or otherwise within one business day) by wire transfer of immediately available funds. At Agent's request, Merchant shall cooperate with Agent to establish Merchant merchant identification numbers under Agent's name to enable Agent to process all credit card Proceeds for Agent's account. Merchant shall not be responsible for and Agent shall pay as an Expense hereunder, all credit card fees, charges, and chargebacks related to the Sale, whether received during or after the Sale Term. Notwithstanding anything to the contrary contained in this Section 7.3, Agent shall not have the right to use Merchant's private label charge cards.