Common use of In-Store Payments Clause in Contracts

In-Store Payments. During the Term, Retailer shall have the ability to accept in-store payments at Store Locations (“In-Store Payments”) from Cardholders on their Accounts on behalf of Bank. Retailer and Bank have jointly developed additional procedures in the Operating Procedures with respect to the manner in which such In-Store Payments shall be processed. The following terms and conditions shall apply to In-Store Payments: (a) Retailer will receive and hold all In-Store Payments in trust for Bank. (b) Retailer will accept and process all In-Store Payments in accordance with the Operating Procedures. (c) Retailer shall, as necessary, provide proper endorsements on such items. (d) Bank shall grant to Retailer a limited power of attorney (coupled with an interest) to sign and endorse Bank’s name upon any form of In-Store Payment that may have been issued in Bank’s name in respect of any Account. (e) Retailer shall notify Bank upon receipt of any In-Store Payment, indicate the tender types for In-Store Payments and shall include the Charge Transaction Data related to such In-Store Payment in the net settlement in respect of the day immediately following such receipt on the same basis as other Charge Transaction Data. (f) Retailer shall issue a receipt for each In-Store Payment in compliance with Applicable Law. If at any time, based upon either party’s (the “Determining Party”) good faith interpretation of Applicable Law, the Determining Party determines that, as a result of such Applicable Law, Retailer’s acceptance of In-Store Payments is detrimental to the interests of the Determining Party, then, at the Determining Party’s request, Retailers shall cease accepting In-Store Payments and shall direct Cardholders to make all payments in respect of Accounts directly to Bank.

In-Store Payments. During the TermExcept as set forth below in this Section 4(d), Retailer shall have will (x) not accept any payments from an Accountholder for charges billed on an Account, and will instead refer the ability Accountholder to Bank’s payment address, (y) hold in trust for Bank any Accountholder payment Retailer inadvertently receives and immediately forward such payment to Bank for processing, and (z) make available to Accountholders at all of Retailer’s store locations the address to be used for payment on Accounts to be made directly to Bank. Additionally, Retailer hereby grants Bank a limited power of attorney to cash and retain for its own account any Accountholder payments on Accounts which are erroneously made out to Retailer. The foregoing notwithstanding, upon the establishment of procedures governing Retailer’s receipt and processing In-Store Payments (as defined below), which procedures must be reasonably acceptable to Bank, during the Term (except as provided below), Retailer may accept inIn-Store Payments at any of its store payments at Store Locations (“locations. In addition to the procedures developed by Bank and Retailer with respect to Retailer’s receipt and processing of In-Store Payments”) from Cardholders on their Accounts on behalf of Bank. Retailer and Bank have jointly developed additional procedures in , the Operating Procedures with respect to the manner in which such In-Store Payments following shall be processed. The following terms and conditions shall also apply to In-Store Payments:: ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934. (ai) Retailer agrees that it will receive and hold all In-Store Payments in trust for Bank. (b) Retailer will accept and process all In-Store Payments in accordance with the Operating Procedures. (c) . Retailer shall, as necessaryxx xxxessary, provide proper endorsements on such itemsthe applicable tender type. (dii) Bank shall grant grants to Retailer a limited power of attorney (coupled with an interest) to sign and endorse Bank’s name upon any form of In-Store Payment payment that may have been issued in Bank’s name in respect of any Account. (eiii) Retailer shall notify Bank upon receipt of any In-Store Payment, indicate the tender types for type of such In-Store Payments Payment (e.g. cash or check) and shall include the Charge Transaction Data related to such In-Store Payment in the net settlement in respect of Charge Transaction Data transmitted to Bank the day immediately following Retailer’s receipt of such receipt on the same basis as other Charge Transaction DataIn-Store Payment. (fiv) Retailer shall issue a receipt receipts for each In-Store Payment in compliance with Applicable Law. If at any time, based upon either party’s (the “Determining Party”) good faith interpretation of Applicable Law, the Determining Party determines that, as a result of such Applicable Law, Retailer’s acceptance of In-Store Payments is detrimental to in compliance with the interests of procedures developed by the Determining Party, then, at the Determining Party’s request, Retailers shall cease accepting In-Store Payments parties and shall direct Cardholders to make all payments in respect of Accounts directly to Bankapplicable law.

In-Store Payments. During the Term, Retailer shall have the ability to The Retail Merchants may accept in-store payments at Store Locations (“In-Store Payments”) Payments from Cardholders on their Accounts on behalf of Bank. Retailer and Bank have jointly developed additional procedures in the Operating Procedures with respect to the manner in which such In-Store Payments shall be processed. The following terms and conditions shall apply to In-Store Payments: (a) Retailer will receive and hold all In-Store Payments in trust for Bank. (b) Retailer will accept and process all In-Store Payments in accordance with the Operating Procedures. (c) Retailer , the Risk Management Policies and any procedures required under Applicable Law. The Retail Merchants shall, as necessary, provide proper endorsements on such items. (d) . If the Retail Merchants receive any In-Store Payments, NMG shall, directly or through its Affiliates, be deemed to hold such In-Store Payments in trust for Bank shall grant until such Payments are either delivered to Retailer Bank or applied to reduce amounts payable by Bank to NMG pursuant to Section 8.4(b). Bank hereby grants to each of the NMG Companies and the Retail Merchants a limited power of attorney (coupled with an interest) to sign and endorse Bank’s name upon any form of In-Store Payment payment that may have been issued in Bank’s name in respect of any Account. . The NMG Companies and Bank shall jointly develop procedures in the Operating Procedures with respect to the manner in which such In-Store Payments shall be processed (e) Retailer it being understood that such procedures shall provide for immediate credit toward the applicable open-to-buy limits of the respective Account upon receipt of an In-Store Payment). The NMG Companies, on behalf of the Retail Merchants, shall notify Bank upon receipt of any In-Store Payment, indicate the tender types for In-Store Payments and Bank shall include the NMG Charge Transaction Data related to such In-Store Payment Payments in the net settlement in respect of the day immediately following such receipt on the same basis as other NMG Charge Transaction Data. (f) Retailer . The Retail Merchants shall issue a receipt receipts for each In-Store Payment such payments in compliance with Applicable Law. If at any time, based upon either party’s (the “Determining Party”) good faith interpretation of Applicable Law, the Determining Party determines that, as a result of such Applicable Law, Retailer’s acceptance of In-Store Payments is detrimental to the interests of the Determining Party, then, at the Determining Party’s request, Retailers shall cease accepting In-Store Payments and shall direct Cardholders to make all payments in respect of Accounts directly to Bank.

In-Store Payments. During Not later than six (6) months after the TermEffective Date, Retailer shall have implement at Store Locations the ability to accept in-store payments at Store Locations (“In-Store Payments”) from Cardholders on their Accounts on behalf of Bank. Retailer and Bank have shall jointly developed develop additional procedures in the Operating Procedures with respect to the manner in which such In-Store Payments shall be processed. The Upon the implementation of Retailer’s ability to process In-Store Payments, the following terms and conditions shall apply to In-Store Paymentsapply: (a) Retailer will receive and hold all In-Store Payments in trust for Bank. (b) Retailer will accept and process all In-Store Payments in accordance with the Operating Procedures. (c) Retailer shall, as necessary, provide proper endorsements on such items. (d) Bank shall grant to Retailer a limited power of attorney (coupled with an interest) to sign and endorse Bank’s name upon any form of In-Store Payment that may have been issued in Bank’s name in respect of any Account. (e) Retailer shall notify Bank upon receipt of any In-Store Payment, indicate the tender types for whether such In-Store Payments Payment was made by cash or check and shall include the Charge Transaction Data related to such In-Store Payment in the net settlement in respect of the day immediately following such receipt on the same basis as other Charge Transaction Data. (f) Retailer shall issue a receipt for each In-Store Payment in compliance with Applicable Law. If at any time, based upon either party’s (the “Determining Party”) good faith interpretation of Applicable Law, the Determining Party determines that, as a result of such Applicable Law, Retailer’s acceptance of In-Store Payments is detrimental to the interests of the Determining Party, then, at the Determining Party’s request, Retailers shall cease accepting In-Store Payments and shall direct Cardholders to make all payments in respect of Accounts directly to Bank.

In-Store Payments. During the Term(a) Subject to Section 3.05(b), Retailer Retailers’ standard policy shall have the ability to be that Retailers will not accept in-store payments at Store Locations (“any In-Store Payments”) from . Retailers shall make available to Cardholders at all Retailer Locations the address to be used for making payments on their Accounts on behalf of Bank. Retailer and directly to Bank have jointly developed additional procedures in provided, that Retailers need not make such address available at Approved Alternate Sites if the Operating Procedures with respect developed for such sites so provide. However, in the event that a Retailer accepts any In-Store Payment (prior to the manner in which such an agreement to allow acceptance of In-Store Payments contemplated in Section 3.05(b)), such Retailer agrees that it shall be processed. The following terms and conditions shall apply to In-Store Payments: (a) Retailer will receive and hold all In-Store Payments such payment in trust and as agent for the Cardholder and shall promptly (but not later than one (1) Business Day after receipt thereof) deliver same to Bank in the form received together with such endorsements or other documents of assignment as may be necessary to permit Bank to receive the benefit thereof to the same extent as if payment had been made directly to Bank. (b) Retailer Following a written request from Retailers, and only in accordance with procedures and systems interfaces approved by Bank, Retailers may, on Bank’s behalf, accept payments on Accounts by Cardholders or any person acting on behalf of a Cardholder at Stores. Upon such request Bank and Retailers will use commercially reasonable efforts to establish and/or modify the necessary systems interfaces, terms and procedures, in order to permit Retailers to accept and process all In-Store Payments in accordance with the Operating Procedures. (c) Retailer shall, as necessary, provide proper endorsements on such items. (d) Bank shall grant to Retailer a limited power of attorney (coupled with an interest) to sign and endorse Bank’s name upon any form of In-Store Payment that may have been issued in Bank’s name in respect of any Account. (e) Retailer shall notify Bank upon receipt of any In-Store Payment, indicate the tender types for In-Store Payments and shall include the Charge Transaction Data related to such In-Store Payment in the net settlement in respect of the day immediately following such receipt on the same basis as other Charge Transaction Data. (f) Retailer shall issue a receipt for each In-Store Payment in compliance with Applicable LawPayments. If at any time, based upon either party’s (the “Determining Party”) Bank in its good faith interpretation of Applicable Law, the Determining Party determines that, as a result of such Applicable Law, Retailer’s judgment believes that Retailers’ continued acceptance of In-Store Payments is detrimental to the interests of the Determining PartyBank’s interest, thenBank may discontinue its authorization for Retailers to accept In-Store Payments upon thirty (30) days written notice to Retailers, at the Determining Party’s request, whereupon Retailers shall will cease accepting In-Store Payments. Retailers agree not to promote or advertise the availability of In-Store Payments to Cardholders, and shall direct Cardholders to make all payments in respect of Accounts directly to Bankwill only accept an In-Store Payment if a Cardholder initiates a request at a Store.

In-Store Payments. During the TermExcept as otherwise provided herein, Retailer shall have the ability to Retail Merchants may accept in-store payments at Store Locations (“In-Store Payments”) from Cardholders on their Accounts on behalf of Bank. Retailer and Bank have jointly developed additional procedures in the Operating Procedures with respect to the manner in which such In-Store Payments shall be processed. The following terms and conditions shall apply to In-Store Payments: (a) Retailer will receive and hold all In-Store Payments in trust for Bank. (b) Retailer will accept and process all In-Store Payments from Cardholders on Accounts in accordance with the Operating Procedures. (c) Retailer . The Retail Merchants shall, as necessary, provide proper endorsements on such items. (d) . Bank shall grant hereby grants to Retailer each of the Macy’s Companies and the Retail Merchants a limited power of attorney (coupled with an interest) to sign and endorse Bank’s name upon any form of In-Store Payment payment that may have been issued in Bank’s name in respect of any Account. (e) Retailer . The Macy’s Companies, on behalf of the Retail Merchants, shall notify Bank upon receipt of any In-Store PaymentPayments, indicate the tender types for In-Store Payments and Bank shall include the Macy’s Charge Transaction Data related to such In-Store Payment Payments in the net settlement in respect of the day immediately following such receipt on the same basis as other Macy’s Charge Transaction Data. (f) Retailer . The Retail Merchants shall issue a receipt receipts for each In-Store Payment such payments in compliance with Applicable Law. If at any time, based upon either partyEach of the Macy’s Companies acknowledges and agrees that (the “Determining Party”i) good faith interpretation of Applicable Law, the Determining Party determines that, as a result of such Applicable Law, Retailer’s acceptance of all In-Store Payments is detrimental (excluding, for the avoidance of doubt, any payments on Commercial Accounts, but including In-Store Payments received after the termination of this Agreement) are at all times the property of Bank, and each of the Macy’s Companies expressly and irrevocably disclaims and prospectively waives any and all right, title, claim or interest in or to the interests In-Store Payments at law or in equity, and (ii) In-Store Payments do not constitute property of the Determining PartyMacy’s Companies for any purpose, including without limitation under section 541 of title 11 of the United States Code. Each of the Macy’s Companies further acknowledges and agrees that, provided that, with respect to In-Store Payments on FDS Bank Accounts, Citibank complies with its obligations with respect to Schedule 2.1(b) with respect to Cardholder Indebtedness on FDS Bank-owned Accounts, Bank has the sole and exclusive right to receive and retain all In-Store Payments, and further that Bank has the sole and exclusive right to pursue collection of all amounts outstanding on any Bank-issued Account and has been granted a limited power of attorney by FDS Bank to pursue collection on all amounts outstanding on any FDS Bank-issued Account. If the Macy’s Companies or any Retail Merchant shall receive any In-Store Payments, the Macy’s Companies shall, directly or through the Retail Merchants, be deemed to hold such In-Store Payments in trust for Bank until such payments are either delivered to Bank or applied to reduce amounts payable by Bank to Macy’s Companies in accordance with the terms of this Agreement at Bank's election in its sole discretion. The termination of this Agreement shall not affect the Macy’s Companies obligations under this Agreement with respect to In-Store Payments received after termination of this Agreement. For the avoidance of doubt, the Macy’s Companies shall be solely responsible and liable to Bank for all In-Store Payments received by any Retail Merchant as if such In-Store Payments had been paid directly to Macy’s Companies. If a Credit Rating Condition, as defined in Section 7.1, occurs, then, at upon notice by Bank to Macy’s Companies, the Determining Party’s request, Retailers Retail Merchants shall cease stop accepting In-Store Payments and shall direct Cardholders to make all payments in respect of Accounts directly to BankPayments.”