Exercise of Chargeback. If the Bank exercises its right of chargeback as set forth in Section 8.5, the Bank shall set off all amounts charged back against any sums due to the Company under this Agreement (first from the amount due to the Company pursuant to Section 8.4). If any such amount is not covered by the amount due to the Company pursuant to Section 8.4, only then may the Bank demand payment from the Company for the amount of such chargeback, solely to the extent not covered by the amount due to the Company pursuant to Section 8.4. In any event, the Bank shall not be permitted to recover a charge back in excess of the relevant Charge Transaction Data paid by the Bank pursuant to Section 8.4. In the event of a chargeback pursuant to this Article VIII, upon payment in full of the related amount by the Company, the Bank shall immediately assign to the Company, without any representation, warranty or recourse, (i) all right to payments of amounts charged back in connection with such Cardholder charge, and (ii) any security interest granted by the Company under Section 19.1. The Bank shall cooperate fully in any effort by the Company to collect the chargeback amount, including by executing and delivering any document necessary or useful to such collection efforts.
Exercise of Chargeback. If Bank exercises its right of chargeback, Bank may set off all amounts charged back against any sums due to the NMG Companies under this Agreement, or Bank may demand payment from NMG for the full amount of such chargeback. In the event of a chargeback pursuant to this Article VIII, upon payment in full of the related amount by NMG, Bank shall immediately assign to NMG or the relevant Retail Merchant, without any representation, warranty or recourse, (i) all right to payments of amounts charged back in connection with such Cardholder charge, and (ii) any security interest granted by the NMG Companies under Section 19.
1. Bank shall cooperate fully in any effort by the NMG Companies to collect the chargeback amount, including by executing and delivering any document necessary or useful to such collection efforts.
Exercise of Chargeback. If Bank exercises its right of chargeback, Bank shall demand payment from Pier 1 for the full amount of such chargeback. In the event of a chargeback pursuant to this Article VIII, upon payment in full of the related amount by Pier 1, Bank shall immediately assign to Pier 1 or the relevant Retail Merchant, without any representation, warranty or recourse, (i) all right to payments of amounts charged back in connection with such Cardholder charge, and (ii) any security interest granted by Pier 1 under Section 18.1. Bank shall provide reasonable cooperation in any effort by Pier 1 to collect the chargeback amount, including by executing and delivering any document necessary or useful to such collection efforts.
Exercise of Chargeback. If Bank exercises its right of chargeback in accordance with this Agreement, Bank may set-off amounts charged back against any sums due any Retailer under this Agreement or Bank may demand payment from any Retailer for all or any portion of the amount to be charged back. Any Account which is charged back to Retailers shall cease to be an "Account" for all purposes of this Agreement after Bank receives full payment from Retailers in respect thereof. If all or any portion of the face amount of any Charge Slip is charged back to Retailers hereunder, Bank shall simultaneously be deemed to have assigned to Retailers all right to payments for such Charge Slip or portion thereof. Any such assignment shall be without recourse, except that Bank shall be deemed to have represented and warranted that such right of payment is being assigned free and clear of any lien, encumbrance or claim of title arising by, through or under Bank. ARTICLE VIII WARRANTIES
Exercise of Chargeback. If Bank exercises its right of chargeback in accordance with this Agreement, Bank may set-off amounts charged back against any sums due any Retailer or, if there are insufficient Charge Slips included in the Charge Transaction Data to permit the deduction of such chargebacks under Section 5.01 or if no such Charge Transaction Data is transmitted to Bank under Section 5.01, Bank may demand payment from any Retailer for all or any portion of the amount to be charged back.
Exercise of Chargeback. If U.S. Remodelers does not agree ----------------------------------- with the Accountholder's allegation regarding dissatisfaction with the Products received, then Green Tree and U.S. Remodelers shall select an independent third party to evaluate the Accountholder's dispute regarding the Product. U.S. Remodelers shall pay for the costs associated with the third party evaluation. If Green Tree exercises its right of Chargeback, Green Tree shall have the right to off set the amount of the Chargeback against any amounts due U.S. Remodelers under this Agreement or, if Chargebacks exceed sums due U.S. Remodelers, Green Tree may demand immediate payment from U.S. Remodelers for the full amount of such excess. If any Purchase is charged back, Green Tree shall assign, without recourse, all right to payment for such Purchase to U.S. Remodelers upon the request of U.S. Remodelers.
Exercise of Chargeback. Bank shall provide to Retailer a reasonably detailed explanation of the basis of chargebacks from time to time during each month. Retailer shall pay Bank in respect of charged back amounts monthly. Upon receipt of such amount, Bank shall assign, without recourse, all right to payment for such Charge Slip or portion thereof to Retailer.
Exercise of Chargeback. If Bank exercises its right of chargeback, Bank may set off all amounts charged back against any sums due to the FDS Companies under this Agreement, or Bank may demand payment from FDS for the full amount of such chargeback. In the event of a chargeback pursuant to this Article VIII, upon payment in full of the related amount by FDS, Bank shall immediately assign to FDS or the relevant Retail Merchant, without any representation, warranty or recourse, all right to payments of amounts charged back in connection with such Cardholder charge. Bank shall cooperate fully in any effort by the FDS Companies to collect the chargeback amount, including by executing and delivering any document necessary or useful to such collection efforts.
Exercise of Chargeback. If Bank exercises its right of chargeback, Bank may set off all amounts charged back against any sums due to the Macy’s Companies under this Agreement, or Bank may demand payment from Macy’s for the full amount of such chargeback. In the event of a chargeback pursuant to this Article VIII, upon payment in full of the related amount by Macy’s, Bank shall immediately assign to Macy’s or the relevant Retail Merchant, without any representation, warranty or recourse, all right to payments of amounts charged back in connection with such Cardholder charge. Bank shall cooperate fully in any effort by the Macy’s Companies to collect the chargeback amount, including by executing and delivering any document necessary or useful to such collection efforts.
Exercise of Chargeback. If Conseco Finance exercises its right of Chargeback, Conseco Finance shall have the right to off set the amount of the Chargeback against any amounts due Syms under this Agreement or, if Chargebacks exceed sums due Syms, Conseco Finance may demand immediate payment from Syms for the full amount of such excess. If any Purchase is charged back, Conseco Finance shall assign, without recourse, all right to payment for such Purchase to Syms upon the request of Syms. Conseco Finance shall promptly notify Syms in writing of any Chargebacks and any compromises or settlements of any claims by Accountholders.
