Common use of Early Deconversion Fee/Liquidated Damages Clause in Contracts

Early Deconversion Fee/Liquidated Damages. If we terminate this Agreement after a breach by you, or if you wrongfully terminate the Agreement, you shall: (i) pay us the Early Deconversion Fee set forth on the Merchant Application for each Merchant Identification number and Merchant location; and (ii) pay us liquidated damages equal to your average monthly fees (excluding Card Organization interchange and assessment fees), for the three calendar months and that your revenue was highest during the preceding twelve (12) months (or shorter period if the Agreement has not been in effect for twelve (12) months), multiplied by the number of months then remaining in the term of the Agreement. For clarity, the Early Deconversion Fee includes costs of processing Chargebacks, restocking equipment, and deleting numbers related to your deconversion. You agree that the liquidated damages are fair and reasonable because it is difficult or impossible to estimate our damages following a breach or wrongful termination. Notwithstanding the foregoing, no Early Deconversion Fee will be charged to the extent it is prohibited by Law. Additionally, you agree to pay us (i) any unpaid invoice; and (ii) any damages, losses, expenses, fees, fines, penalties, chargeback amounts, and adjustments we incur in connection with the Agreement. You authorize us to debit your Designated Account or to deduct amounts you owe us under this Section from the settlement funds we owe you. You are responsible for any collection fees, legal fees, and other expenses we incur in recovering your delinquent amounts.

Appears in 5 contracts

Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions

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Early Deconversion Fee/Liquidated Damages. If we terminate this Agreement after a breach by you, or if you wrongfully terminate the Agreement, you shall: (i) shall pay us the Early Deconversion Fee set forth on the Merchant Application for each Merchant Identification number and Merchant location; and (ii) pay us liquidated damages equal to your average monthly fees (excluding Card Organization interchange and assessment fees), for the three calendar months and that your revenue was highest during the preceding twelve (12) months (or shorter period if the Agreement has not been in effect for twelve (12) months), multiplied by the number of months then remaining in the term of the Agreement. Chain” For clarity, the Early Deconversion Fee includes costs of processing Chargebacks, restocking equipment, and deleting numbers related to your deconversion. You agree that the liquidated Termination of this Agreement by us shall not be our only remedy, and we shall be entitled to all other rights, remedies, and damages are fair and reasonable because it is difficult available to us at law or impossible to estimate our damages following in equity as a breach or wrongful terminationresult of an Event of Default by you. Notwithstanding the foregoingabove, no Early Deconversion Fee early deconversion fee will be charged to the extent it is prohibited by LawLaws or Operating Regulations. Additionally, you agree to pay us (i) any unpaid invoice; and (ii) any damages, losses, expenses, fees, fines, penalties, chargeback amounts, and adjustments we incur in connection with the Agreement. You authorize us to debit your Designated Account or to deduct amounts you owe us under this Section from the settlement funds we owe you. You are responsible for any collection fees, legal fees, and other expenses we incur in recovering your delinquent amounts.

Appears in 2 contracts

Samples: www.peoplesunitedms.com, www.peoplesunitedms.com

Early Deconversion Fee/Liquidated Damages. If we terminate this Agreement after a breach by you, or if you wrongfully terminate the Agreement, you shall: (i) pay us the Early Deconversion Fee set forth on the Merchant Application for each Merchant Identification number and Merchant locationChain”; and (ii) pay us liquidated damages equal to your average monthly fees (excluding Card Organization interchange and assessment fees), for the three calendar months and that your revenue was highest during the preceding twelve (12) 12 months (or shorter period if the Agreement has not been in effect for twelve (12) 12 months), multiplied by the number of months then remaining in the term of the Agreement. For clarity, the Early Deconversion Fee includes costs of processing Chargebacks, restocking equipment, and deleting numbers related to your deconversion. You agree that the liquidated damages are fair and reasonable because it is difficult or impossible to estimate our damages following a breach or wrongful termination. Notwithstanding the foregoingabove, no Early Deconversion Fee early deconversion fee will be charged to the extent it is prohibited by LawLaws or Operating Regulations. Additionally, you agree to pay us (i) any unpaid invoice; and (ii) any damages, losses, expenses, fees, fines, penalties, chargeback amounts, and adjustments we incur in connection with the Agreement. You authorize us to debit your Designated Account or to deduct amounts you owe us under this Section from the settlement funds we owe you. You are responsible for any collection fees, legal fees, and other expenses we incur in recovering your delinquent amounts.

Appears in 2 contracts

Samples: info.vantiv.com, info.vantiv.com

Early Deconversion Fee/Liquidated Damages. If we terminate this Agreement after a breach by you, or if you wrongfully terminate the Agreement, you shall: (i) pay us the Early Deconversion Fee set forth on the Merchant Application for each Merchant Identification number and Merchant location; and (ii) pay us liquidated damages equal to your average monthly fees (excluding Card Organization interchange and assessment fees), for the three (3) calendar months and that your revenue was highest during the preceding twelve (12) months (or shorter period if the Agreement has not been in effect for twelve (12) months), multiplied by the number of months then remaining in the term of the Agreement. For clarity, the Early Deconversion Fee includes costs of processing Chargebacks, restocking equipment, and deleting numbers related to your deconversion. You agree that the liquidated damages are fair and reasonable because it is difficult or impossible to estimate our damages following a breach or wrongful termination. Notwithstanding the foregoing, no Early Deconversion Fee will be charged to the extent it is prohibited by LawLaw or Operating Regulations. Additionally, you agree to pay us (i) any unpaid invoice; and (ii) any damages, losses, expenses, fees, fines, penalties, chargeback amounts, and adjustments we incur in connection with the Agreement. You authorize us to debit your Designated Account or to deduct amounts you owe us under this Section from the settlement funds we owe you. You are responsible for any collection fees, legal fees, and other expenses we incur in recovering your delinquent amounts.

Appears in 2 contracts

Samples: Merchant Processing Agreement Terms and Conditions, msbgovserv.com

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Early Deconversion Fee/Liquidated Damages. If we terminate this Agreement after a breach by you, or if you wrongfully terminate the Agreement, you shall: (i) pay us the Early Deconversion Fee set forth on the Merchant Application for each Merchant Identification number and Merchant location; and (ii) pay us liquidated damages equal to your average monthly fees (excluding Card Organization interchange and assessment fees), for the three (3) calendar months and that your revenue was highest during the preceding twelve (12) months (or shorter period if the Agreement has not been in effect for twelve (12) months), multiplied by the number of months then remaining in the term of the Agreement. For clarity, the Early Deconversion Fee includes costs of processing Chargebacks, restocking equipment, and deleting numbers related to your deconversion. You agree that the liquidated damages are fair and reasonable because it is difficult or impossible to estimate our damages following a breach or wrongful termination. Notwithstanding the foregoing, no Early Deconversion Fee will be charged to the extent it is prohibited by LawLaws or Operating Regulations. Additionally, you agree to pay us (i) any unpaid invoice; and (ii) any damages, losses, expenses, fees, fines, penalties, chargeback amounts, and adjustments we incur in connection with the Agreement. You authorize us to debit your Designated Account or to deduct amounts you owe us under this Section from the settlement funds we owe you. You are responsible for any collection fees, legal fees, and other expenses we incur in recovering your delinquent amounts.

Appears in 1 contract

Samples: salesinfo.payroc.com

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