Common use of Effect of Termination; Early Termination Fee Clause in Contracts

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report Merchant's business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("MATCH"). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's MATCH file reporting. Upon termination of the Agreement, Merchant will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Provider, plus Provider's costs and attorneys' fees incurred in connection with Merchant's termination of this Agreement. Merchant agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement theAgreement is terminated for cause, Merchant acknowledges that Provider may be required to report Merchant's Xxxxxxxx’s business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated theTerminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. .Upon termination of the Agreement, Merchant Xxxxxxxx will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. .Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant willMerchantwill, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, ,that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration declaration, or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial any Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee “Early Termination Fee” determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Provider, plus Provider's ’s costs and attorneys' ’ fees incurred in connection with Merchant's Xxxxxxxx’s termination of this Agreement. Merchant The Early Termination Fee does not apply with respect to Xxxxxxxx’s operations in Maryland, if any. The Early Termination Fee for a Merchant’s operations in Arkansas, if any, is $50. Xxxxxxxx agrees that these damages are not a penalty but are a reasonable computation of the ofthe financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report Merchant's business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. Upon termination of the Agreement, Merchant will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon Notwithstanding any terms to the contrary, if ISO terminates this Agreement, ISO may at its discretion determine that Merchant will not be required to pay early termination fees, and in such instance Merchant will not be required to pay early termination fees. Otherwise, upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider ISO an early termination fee determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Provider, plus Provider's ’s costs and attorneys' ’ fees incurred in connection with Merchant's ’s termination of this Agreement. Merchant agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report Merchant's business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. Upon termination of the Agreement, Merchant will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or and/or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Initial Term, by (b) the average monthly processing fees paid by Merchant to Provider, plus Provider's ’s costs and attorneys' ’ fees incurred in connection with Merchant's ’s termination of this Agreement. Merchant agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report Merchant's ’s business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. Upon termination of the Agreement, Merchant Xxxxxxxx will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration declaration, or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial any Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee “Early Termination Fee” determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Provider, plus Provider's ’s costs and attorneys' ’ fees incurred in connection with Merchant's Xxxxxxxx’s termination of this Agreement. Merchant The Early Termination Fee does not apply with respect to Xxxxxxxx’s operations in Maryland, if any. The Early Termination Fee for a Merchant’s operations in Arkansas, if any, is $50. Xxxxxxxx agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report MerchantXxxxxxxx's business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. Upon termination of the Agreement, Merchant Xxxxxxxx will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Providertwo hundred fifty dollars ( $250), plus Provider's ’s costs and attorneys' ’ fees incurred in connection with Merchant's Xxxxxxxx’s termination of this Agreement. Merchant Xxxxxxxx agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report Merchant's business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. Upon termination of the Agreement, Merchant will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial any Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Provider, plus Provider's ’s costs and attorneys' ’ fees incurred in connection with Merchant's ’s termination of this Agreement. Merchant agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement theAgreement is terminated for cause, Merchant acknowledges that Provider may be required to report Merchant's Xxxxxxxx’s business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated theTerminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. .Upon termination of the Agreement, Merchant Xxxxxxxx will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. .Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant willMerchantwill, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, ,that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration declaration, or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee determined by multiplying (a) the number of months remaining from the date of termination “Early Termination Fee” equal to the end of the current Term$395. The Early Termination Fee does not apply with respect to Xxxxxxxx’s operations in Maryland, by (b) the average monthly processing fees paid by Merchant to Providerif any. The Early Termination Fee for a Merchant’s operations in Arkansas, plus Provider's costs and attorneys' fees incurred in connection with Merchant's termination of this Agreementif any, is $50. Merchant Xxxxxxxx agrees that these damages are not a penalty but are a reasonable computation of the ofthe financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report Merchant's business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. Upon termination of the Agreement, Merchant will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee determined by multiplying (a) as listed in the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Provider, Application plus Provider's ’s costs and attorneys' ’ fees incurred in connection with Merchant's ’s termination of this Agreement. Merchant agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement. These fees may be modified by ISO if limited in accordance with applicable state law.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report MerchantXxxxxxxx's business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. Upon termination of the Agreement, Merchant Xxxxxxxx will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Provider$25.00, plus Provider's ’s costs and attorneys' ’ fees incurred in connection with Merchant's Xxxxxxxx’s termination of this Agreement. Merchant Xxxxxxxx agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider Bank may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the this Agreement is terminated for cause, Merchant acknowledges that Provider Bank may be required to report Merchant's ’s business name and the names and other identification of its principals to various Card Network Association and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider Bank from any claims that Merchant may raise as a result of Provider's Bank’s MATCH file reporting. Upon termination of the Agreement, Merchant will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider Bank property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's Bank’s expenses relating to Chargebacks) survive termination. Provider Bank is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by ProviderBank, Merchant will pay Provider Bank an early termination fee determined by multiplying in an amount equal to the lesser of (ai) $495, or (ii) the number of months remaining from the date of termination to the end of the current Term, Term multiplied by (bA) the average monthly processing fees paid by Merchant to ProviderBank for the immediately preceding 6 months, and such amount further multiplied by (B) 70%, plus Provider's Bank’s costs and attorneys' ’ fees incurred in connection with Merchant's ’s termination of this Agreement. Merchant agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement. Upon termination, any amounts due to Bank will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Bank.

Effect of Termination; Early Termination Fee. If this Agreement is terminated, regardless of cause, Provider may withhold and discontinue the disbursement for all Cards and other Transactions in the process of being collected and deposited. If the Agreement is terminated for cause, Merchant acknowledges that Provider may be required to report MerchantXxxxxxxx's business name and the names and other identification of its principals to various Card Network and industry databases, including the Terminated Merchant File and the Merchant Alert to Control High Risk Merchants File ("“MATCH"”). Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file, . Merchant waives and will hold harmless Provider from any claims that Merchant may raise as a result of Provider's ’s MATCH file reporting. Upon termination of the Agreement, Merchant Xxxxxxxx will immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Provider property, forms, or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Provider's ’s expenses relating to Chargebacks) survive termination. Provider is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will, upon request, provide Provider with all original and electronic copies of Transaction Records and Credit Vouchers, if any, that have been retained by Merchant as of the date of termination. Upon termination, any amounts due to Provider will accelerate and be immediately due and payable, without any notice, declaration or other act whatsoever by Provider. The parties agree that if this Agreement is terminated before completion of the Initial Term for any reason other than a material uncured breach by Provider, Merchant will pay Provider an early termination fee of the greater of $495.00 or the value determined by multiplying (a) the number of months remaining from the date of termination to the end of the current Term, by (b) the average monthly processing fees paid by Merchant to Provider, plus Provider's costs ’s costs, collection fees and attorneys' ’ fees incurred in connection with Merchant's ’s termination of this Agreement. Merchant Xxxxxxxx agrees that these damages are not a penalty but are a reasonable computation of the financial harm caused by the early termination of this Agreement.