Common use of Credit Sales Clause in Contracts

Credit Sales. Subject to the terms and conditions outlined on Schedule 9.2 (the “Credit Card Conditions”), which is attached hereto and incorporated herein, Licensee shall accept the SearsCard®, Sears Premier Card® and SearsCharge PlusSM (each, a “Sears Card”) issued by Sears National Bank for payment for Authorized Merchandise/Services. Licensee shall also accept the Sears MasterCard®, Sears Gold MasterCard®, Sears Premier Gold MasterCard® and The Great Indoors® Gold MasterCard®, each issued by Sears National Bank (each, a “Sears MasterCard Card”), any other credit card hereinafter issued by Sears National Bank and such other credit cards issued by third parties as Sears may designate from time to time (collectively, “Third Party Credit Cards”), subject to the terms and conditions outlined by the merchant agreement between Licensee and Issuer. The merchant ID associated with the merchant agreement between Licensee and Issuer shall reflect the Licensed Business Name. Each Sears Card and each Third Party Credit Card are referred to individually herein as a “Credit Card” and are referred to collectively herein as the “Credit Cards”. Licensee shall not attempt to suppress or discourage use of any Credit Card by any person whose name is on the Credit Card or any other authorized user of such Credit Card (collectively, the “Cardholder”). Licensee shall accept the Credit Cards at all Licensed Business locations authorized under this Agreement for the purchase of Authorized Merchandise/Services, provided that the Credit Card transactions resulting from acceptance of each Credit Card must be in United States dollars. The preferred method of payment is a Sears Card or a Sears MasterCard Card, and Licensee should always suggest use of a Sears Card or a Sears MasterCard Card to customers of the Licensed Business. All Sears Card transactions shall be submitted to Sears, in the manner that Sears designates, for settlement with the issuing bank (“Issuer”). Such Issuer shall process such transactions as if Sears had engaged in such transactions itself. Subject to all of the terms and conditions of this Agreement, including Sears rights under Section 9.7, Sears shall pay all sums due Licensee on each sale of Authorized Merchandise/Services made by Licensee to a Cardholder that is charged to a Sears Card account (a “Sears Credit Card Sale”) in accordance with Section 9.4. Licensee hereby grants Sears the right to accept payments and settlements by Issuer for each Sears Credit Card Sale on behalf of Licensee. Licensee acknowledges that the Issuer shall have no further obligation with respect to Licensee regarding payments and settlements and that Licensee’s sole recourse shall be to Sears. All losses sustained by Sears as a result of non-payment by a Cardholder on a Sears Card account shall be borne by Sears, provided that Licensee is not responsible for the non-payment and has complied with the Credit Card Conditions. Except for non-payment of a Sears Card account by a Cardholder, Sears shall have no liability whatsoever to Licensee for Sears’ failure to properly accept or reject a Cardholder’s charge. Licensee, at its sole expense, shall enter into an appropriate merchant agreement with each Issuer to enable Licensee to accept Third Party Credit Cards. All Third Party Credit Card transactions shall be submitted to Issuer for settlement. All losses sustained by Licensee as a result of non-payment on a Third Party Credit Card account shall be borne solely by Licensee. Sears shall have no liability whatsoever to Licensee for acceptance or rejection of a customer’s Third Party Credit Card charge. Licensee may not distribute or solicit any customer applications or referrals for any Third Party Credit Cards in or through the Licensed Business. Other than Credit Cards, Licensee shall not accept payment from customers under any other credit or financing plan without the prior written consent of the Licensing Manager.

Credit Sales. Subject to the terms and conditions outlined on in Schedule 9.2 (the “Credit Card Conditions”), which is attached hereto and incorporated herein, Licensee shall accept the SearsCard®, Sears Premier Card®, SearsCharge Plus(SM), and, unless covered by a separate merchant agreement, the Sears MasterCard®, the Preferred MasterCard® by Sears and SearsCharge PlusSM The Great Indoors® Gold MasterCard® (each, each a “Sears Card”) issued by Sears National Bank for payment for goods and services authorized to be sold by Licensee under this Agreement (“Authorized Merchandise/Services”). Licensee shall also accept the Sears MasterCard®, Sears Gold MasterCard®, Sears Premier Gold MasterCard® and The Great Indoors® Gold MasterCard®, each issued by Sears National Bank (each, a “Sears MasterCard Card”), any other credit card hereinafter issued by Sears National Bank and such other credit cards issued by third parties as Sears may designate from time to time (collectively, “Third Party Credit Cards”), subject to the terms and conditions outlined in Schedule 9.2 unless covered by the a separate merchant agreement between Licensee and Issueragreement. The merchant ID associated with the merchant agreement between Licensee and Issuer shall reflect the Licensed Business Name. Each Sears Card and each the Third Party Credit Card are referred to individually herein as a “Credit Card” and Cards are referred to collectively herein as the “Credit Cards”. Licensee shall not attempt to suppress or discourage use of any Credit Card by any person whose name is on the Credit Card or any other authorized user of such Credit Card (collectively, the “Cardholder”). Licensee shall accept the Credit Cards at all Licensed Business locations authorized under this Agreement in the United States for the purchase of Authorized Merchandise/Services, provided that the Credit Card transactions resulting from acceptance of each Credit Card must be in United States dollars. The preferred method of payment is a Sears Card or a Sears MasterCard Card, and Licensee should always suggest use of a Sears Card or a Sears MasterCard Card to customers of the Licensed Business. All Sears Credit Card transactions shall be submitted to Sears, in the manner that Sears designates, for settlement with the issuing bank (“Issuer”). Such Each Issuer shall process such transactions as if Sears had engaged in such transactions itself. Subject to all of the terms and conditions of this Agreement, including Sears rights under Section 9.79.8, Sears shall pay all sums due Licensee on each sale of Authorized Merchandise/Services made by Licensee to a Cardholder that is charged to a Sears Credit Card account (a “Sears Credit Card Sale”) in accordance ). Payment or settlement by the Issuer with Section 9.4. Licensee hereby grants Sears the right to accept payments and settlements by Issuer for each Sears Credit Card Sale on behalf of shall be deemed to be settlement by the Issuer with Licensee. Licensee acknowledges that , and the Issuer shall have no further obligation with respect to Licensee regarding payments and settlements and that Licensee’s , whose sole recourse shall be to Sears. All losses sustained by Sears as a result of non-payment by a Cardholder on a Sears Credit Card account shall be borne by Sears, provided that Licensee is not responsible for the non-payment and has complied with the Credit Card Conditions. Except for non-payment of a Sears Credit Card account by a Cardholderaccount, Sears shall have no liability whatsoever to Licensee for Sears’ failure to properly accept or reject a Cardholder’s charge. Licensee, at its sole expense, shall enter into an appropriate merchant agreement with each Issuer to enable Licensee to accept Third Party Credit Cards. All Third Party Credit Card transactions shall be submitted to Issuer for settlement. All losses sustained by Licensee as a result of non-payment on a Third Party Credit Card account shall be borne solely by Licensee. Sears shall have no liability whatsoever to Licensee for acceptance or rejection of a customer’s Third Party Credit Card charge. Licensee may not distribute or solicit any customer applications or referrals for any Third Party Credit Cards in or through the Licensed Business. Other than Credit Cards, Licensee shall not accept payment from customers under any other credit or financing plan without the prior written consent of the Licensing Manager.

Credit Sales. Subject to the terms and conditions outlined on Schedule 9.2 (the “"Credit Card Conditions”"), which is attached hereto and incorporated herein, Licensee shall accept through the SearsCard®Sears POS Terminal the SearsCard(R), Sears Premier Card® Card(R), Sears MasterCard(R), Sears Gold MasterCard(R), Sears Premier Gold MasterCard(R) and SearsCharge PlusSM The Great Indoors(R) Gold MasterCard(R) (each, a “"Sears Card”") issued by Sears National Bank and any other credit card hereinafter issued by Sears National Bank for payment for Authorized Merchandise/Services. Licensee shall also accept and process through the Sears MasterCard®, Sears Gold MasterCard®, Sears Premier Gold MasterCard® and The Great Indoors® Gold MasterCard®, each issued by Sears National Bank (each, a “Sears MasterCard Card”), any other credit card hereinafter issued by Sears National Bank and Licensee POS Terminal such other credit cards issued by third parties as Sears may designate from time to time (collectively, “"Third Party Credit Cards”"), subject to the terms and conditions outlined by in the merchant agreement between Licensee and the Issuer. The merchant ID associated with the merchant agreement between Licensee and Issuer shall reflect the Licensed Business Name. .. Each Sears Card and each Third Party Credit Card are referred to individually herein as a “"Credit Card” " and are referred to collectively herein as the “"Credit Cards”". Licensee shall not attempt to suppress or discourage discriminate against use of any Credit Card by any person whose name is on the Credit Card or any other authorized user of such Credit Card (collectively, the “"Cardholder”"). Licensee shall accept the Credit Cards at all Licensed Business locations authorized under this Agreement for the purchase of Authorized Merchandise/Services, provided that the Credit Card transactions resulting from acceptance of each Credit Card must be in United States dollars. The preferred method of payment is a Sears Card or a Sears MasterCard Card, and Licensee should always suggest use of a Sears Card or a Sears MasterCard Card to customers of the Licensed Business. All Sears Card transactions shall be submitted to Sears, in the manner that Sears designates, for settlement with the issuing bank (“"Issuer”"). Such Each Issuer shall process such transactions as if Sears had engaged in such transactions itself. Subject to all of the terms and conditions of this Agreement, including Sears Sears' rights under Section 9.79.8, Sears shall pay all sums due Licensee on each sale of Authorized Merchandise/Services made by Licensee to a Cardholder that is charged to a Sears Card account (a “"Sears Credit Card Sale”") in accordance with Section 9.4. Licensee hereby grants Sears the right to accept payments and settlements by Issuer Issuers for each Sears Credit Card Sale on behalf of Licensee. Licensee acknowledges that the no Issuer shall have no any further obligation with respect to Licensee regarding such payments and settlements and that Licensee’s 's sole recourse shall be to Sears. All losses sustained by Sears as a result of non-payment by a Cardholder on a Sears Card account shall be borne by Sears, provided that Licensee is not responsible for the non-payment and has complied with the Credit Sears Card Conditions. Except for non-payment of a Sears Card account by a Cardholder, Sears shall have no liability whatsoever to Licensee for Sears’ ' failure to properly accept or reject a Cardholder’s 's charge. Licensee, at its sole expense, shall enter into an appropriate merchant agreement with each Issuer to enable Licensee to accept Third Party Credit Cards. All Third Party Credit Card transactions shall be submitted to the Issuer for settlement. All losses sustained by Licensee as a result of non-payment on a Third Party Credit Card account shall be borne solely by Licensee. Sears shall have no liability whatsoever to Licensee for acceptance or rejection of a customer’s 's Third Party Credit Card charge. Licensee may not distribute or solicit any customer applications or referrals for any Third Party Credit Cards in or through the Licensed Business. Other than Sears Cards, Third Party Credit CardsCards and RAL and refund anticipation checks ("RAC"), Licensee shall not accept payment from customers under any other credit or financing plan without the prior written consent of the Licensing Business Development Manager.

Credit Sales. Subject to the terms and conditions outlined on in Schedule 9.2 (the “"Credit Card Conditions”"), which is attached hereto and incorporated herein, Licensee shall accept the SearsCard®SearsCardr, Sears Premier Card® Cardr, SearsCharge PlusSM, and, unless covered by a separate merchant agreement, the Sears MasterCardr, the Preferred MasterCardr by Sears and SearsCharge PlusSM The Great Indoorsr Gold MasterCardr (each, each a “"Sears Card”") issued by Sears National Bank for payment for goods and services authorized to be sold by Licensee under this Agreement ("Authorized Merchandise/Services"). Licensee shall also accept the Sears MasterCard®, Sears Gold MasterCard®, Sears Premier Gold MasterCard® and The Great Indoors® Gold MasterCard®, each issued by Sears National Bank (each, a “Sears MasterCard Card”), any other credit card hereinafter issued by Sears National Bank and such other credit cards issued by third parties as Sears may designate from time to time (collectively, “"Third Party Credit Cards”"), subject to the terms and conditions outlined in Schedule 9.2 unless covered by the a separate merchant agreement between Licensee and Issueragreement. The merchant ID associated with the merchant agreement between Licensee and Issuer shall reflect the Licensed Business Name. Each Sears Card and each the Third Party Credit Card are referred to individually herein as a “Credit Card” and Cards are referred to collectively herein as the “"Credit Cards”". Licensee shall not attempt to suppress or discourage use of any Credit Card by any person whose name is on the Credit Card or any other authorized user of such Credit Card (collectively, the “"Cardholder”"). Licensee shall accept the Credit Cards at all Licensed Business locations authorized under this Agreement in the United States for the purchase of Authorized Merchandise/Services, provided that the Credit Card transactions resulting from acceptance of each Credit Card must be in United States dollars. The preferred method of payment is a Sears Card or a Sears MasterCard Card, and Licensee should always suggest use of a Sears Card or a Sears MasterCard Card to customers of the Licensed Business. All Sears Credit Card transactions shall be submitted to Sears, in the manner that Sears designates, for settlement with the issuing bank (“"Issuer”"). Such Each Issuer shall process such transactions as if Sears had engaged in such transactions itself. Subject to all of the terms and conditions of this Agreement, including Sears rights under Section 9.79.8, Sears shall pay all sums due Licensee on each sale of Authorized Merchandise/Services made by Licensee to a Cardholder that is charged to a Sears Credit Card account (a “Sears "Credit Card Sale”) in accordance "). Payment or settlement by the Issuer with Section 9.4. Licensee hereby grants Sears the right to accept payments and settlements by Issuer for each Sears Credit Card Sale on behalf of shall be deemed to be settlement by the Issuer with Licensee. Licensee acknowledges that , and the Issuer shall have no further obligation with respect to Licensee regarding payments and settlements and that Licensee’s , whose sole recourse shall be to Sears. All losses sustained by Sears as a result of non-payment by a Cardholder nonpayment on a Sears Credit Card account shall be borne by Sears, provided that Licensee is not responsible for the non-payment and has complied with the Credit Card Conditions. Except for non-payment of a Sears Credit Card account by a Cardholderaccount, Sears shall have no liability whatsoever to Licensee for Sears’ ' failure to properly accept or reject a Cardholder’s charge. Licensee, at its sole expense, shall enter into an appropriate merchant agreement with each Issuer to enable Licensee to accept Third Party Credit Cards. All Third Party Credit Card transactions shall be submitted to Issuer for settlement. All losses sustained by Licensee as a result of non-payment on a Third Party Credit Card account shall be borne solely by Licensee. Sears shall have no liability whatsoever to Licensee for acceptance or rejection of a customer’s Third Party Credit Card 's charge. Licensee may not distribute or solicit any customer applications or referrals for any Third Party Credit Cards in or through the Licensed Business. Other than Credit Cards, Licensee shall not accept payment from customers under any other credit or financing plan without the prior written consent of the Licensing Manager.