Common use of Inserts and Billing Messages Clause in Contracts

Inserts and Billing Messages. (a) For each billing statement sent to Cardholders during a billing cycle during the Term, Bank will make available to Retailer a space for two (2) customized statement messages on the billing statement and Bank will include up to two (2) Retailer inserts or other advertisements and communications, including onserts printed on the billing statement (collectively, “Inserts”) into or with each billing statement to the extent possible without causing an increase in postage costs; provided that Bank shall have the right with respect to the billing statements for any month to utilize one (1) Insert or statement message in order to (i) send a notice required by Applicable Law in such month (or if Bank reasonably believes a notice is necessary or desirable to protect Bank’s interest in the Accounts), or (ii) promote Enhancement Products or other cross-sell products and services permitted to be offered under Schedule 6.6. Retailer statement messages and Inserts shall take precedence over all Bank communications with the exception of Bank notices required by Applicable Law or notices that Bank believes to be necessary or desirable to protect Bank’s interest in the Accounts. For any statement messages or Inserts to be included on or in the billing statements for any given month, Retailer must provide such statement messages or Inserts to Bank at least thirty (30) days prior to such calendar month. Bank shall promptly notify Retailer if the inclusion of such statement messages or Inserts will cause an increase in postage costs on such billing statements. If Retailer nonetheless wishes Bank to include Retailer’s statement messages or Inserts on or in such monthly billing statements, then Retailer will provide at least fifteen (15) days prior notice to Bank to enable Bank to adjust its process and Retailer will pay the incremental postage charges resulting therefrom, reduced by the weight of any non-legally required notices. Retailer will provide copies of all statement messages and Inserts to Bank at its own cost. Retailer shall retain all revenues it receives from all statement messages and Inserts (other than any statement messages or Inserts promoting the Credit Cards or approved ancillary products that Retailer may permit to be produced and distributed in accordance with the Marketing Plan). Subject to Applicable Law, Reasonable Financial Services Practices and Bank’s right to protect Bank’s interest in the Accounts, each party shall have the right to reject any statement message or Insert that the other party may wish to include in or on a billing statement if the rejecting party, in good faith, believes that such message is detrimental to the image of the rejecting party or does not comply with Applicable Law. (b) The form of all statement messages and Inserts will comply with Bank’s specifications as provided to Retailer from time to time, and Bank shall have the right to reject any statement message or Insert that Bank reasonably believes is detrimental to the image of Bank or the Program. For the avoidance of doubt, for purposes of Retailer’s rights under this Section 7.8(b), only Inserts and statement messages regarding the Program, goods and services available for purchase from Retailer under the Program, or such other goods and services (other than financial products or services) as Retailer may reasonably suggest (with respect to which Bank shall not unreasonably withhold its consent) shall qualify for inclusion in Cardholder billing statements.

Inserts and Billing Messages. (a) For each billing statement sent to Cardholders during a billing cycle during the Term, Bank will make available to Retailer a space for two (2) customized statement messages on the billing statement and Bank will include up to two (2) as many Retailer inserts or other advertisements and communications, including onserts printed on into each billing statement as possible (but in no event more than four (4) without causing the weight of the billing statement (collectively, “Inserts”) into or with each billing statement package to the extent possible without causing an increase in postage costsexceed one ounce; provided that if Bank shall have the right with respect is required by law to the billing statements for any month to utilize one (1) Insert or statement message in order to (i) send a notice required by Applicable Law in such month (or if Bank reasonably believes a notice is necessary or desirable to protect Bank’s interest in the Accounts), or (ii) promote Enhancement Products or other cross-sell products and services permitted to be offered under Schedule 6.6. Retailer statement messages and Inserts then such notice shall take precedence priority over all Bank communications with the exception of Bank notices required by Applicable Law any proposed insert or notices that Bank believes to be necessary or desirable to protect Bank’s interest in the Accounts. For any statement messages or Inserts to be included on or in the billing statements for any given month, Retailer must provide such statement messages or Inserts to Bank at least thirty (30) days prior to such calendar month. Bank shall promptly notify Retailer if the inclusion of such statement messages or Inserts will cause an increase in postage costs on such billing statementsmessage as applicable. If Retailer nonetheless wishes Bank to include Retailer’s statement messages or Inserts inserts in any billing statements in which the inclusion of such inserts will cause the postage on or in such monthly billing statementsstatements to exceed one ounce, then Retailer will provide at least fifteen five (155) days prior notice to Bank to enable Bank to adjust its process and Retailer will pay the incremental overweight postage charges resulting therefrom. The foregoing notwithstanding, reduced Bank is not required to include any Retailer statement messages or billing inserts unless Bank receives such statement messages or copies of the billing inserts as and when agreed to by the weight of any non-legally required noticesparties in writing. Retailer will provide copies of all statement messages and Inserts billing inserts to Bank at its own cost. Retailer shall retain all revenues it receives from all statement messages and Inserts (other than any statement messages or Inserts promoting the Credit Cards or approved ancillary products that Retailer may permit to be produced and distributed in accordance with the Marketing Plan). Subject to Applicable Law, Reasonable Financial Services Practices and Bank’s right to protect Bank’s interest in the Accounts, each party shall have the right to reject any statement message or Insert that the other party may wish to include in or on a billing statement if the rejecting party, in good faith, believes that such message is detrimental to the image of the rejecting party or does not comply with Applicable Law. (b) The form of all statement customized messages and Inserts all billing inserts will comply with Bank’s specifications as provided to Retailer from time to time, and Bank shall have the right to reject any statement message or Insert billing statement that Bank reasonably believes is detrimental to the image of the Bank or the Program. For the avoidance of doubt, for purposes of Retailer’s rights under this Section 7.8(b)Section, only Inserts billing inserts and statement messages regarding the Program, or goods and services available for purchase from Retailer under the Program, or such other goods and services (other than financial products or services) as Retailer may reasonably suggest (with respect to which Bank shall not unreasonably withhold its consent) shall qualify for inclusion in Cardholder billing statements.

Inserts and Billing Messages. (a) For each billing statement sent to Cardholders during a billing cycle during the Term, Bank will make available to Retailer a space for two (2) customized statement messages on the billing statement and Bank will include up to two (2) Retailer inserts or other advertisements and communications, including onserts printed on the billing statement (collectively, “Inserts”) into or with each billing statement to the extent possible without causing an increase in postage costs; provided that Bank shall have the right with respect to the billing statements for any month to utilize one (1) Insert or statement message insert in order to (i) send a notice required by Applicable Law in such month (or if Bank reasonably believes a notice is necessary or desirable to protect Bank’s interest in the Accounts), or (ii) promote Enhancement Products or other cross-sell products and services permitted to be offered under Schedule 6.6. Retailer statement inserts and messages and Inserts shall take precedence over all Bank communications with the exception of Bank notices required by Applicable Law law or notices that Bank believes to be necessary or desirable to protect Bank’s interest in the Accounts. For any statement messages or Inserts billing inserts to be included on or in the billing statements for any given month, Retailer must provide such statement messages or Inserts billing inserts to Bank at least thirty fifteen (3015) days prior to such calendar month. Bank shall promptly notify Retailer if the inclusion of such statement messages or Inserts billing inserts will cause an increase in postage costs on such billing statements. If Retailer nonetheless wishes Bank to include Retailer’s statement messages or Inserts on or inserts in such monthly billing statements, then Retailer will provide at least fifteen five (155) days prior notice to Bank to enable Bank to adjust its process and Retailer will pay the incremental postage charges resulting therefrom, reduced by the weight of any non-legally required notices. Retailer will provide copies of all statement messages and Inserts billing inserts to Bank at its own cost. Retailer shall retain all revenues it receives from all statement messages and Inserts inserts (other than any statement messages or Inserts inserts promoting the Credit Cards or approved ancillary products Approved Ancillary Products that Retailer may permit to be produced and distributed in accordance with the Marketing Plan). Subject to Applicable Law, Reasonable Financial Services Practices and Bank’s right to protect Bank’s interest in the Accounts, each party shall have the right to reject any statement message or Insert that the other party may wish to include in or on a billing statement if the rejecting party, in good faith, believes that such message is detrimental to the image of the rejecting party or does not comply with Applicable Lawparty. (b) The form of all statement customized messages and Inserts all billing inserts will comply with Bank’s specifications as provided to Retailer from time to time, and Bank shall have the right to reject any statement message or Insert billing statement that Bank reasonably believes is detrimental to the image of Bank or the Program. For the avoidance of doubt, for purposes of Retailer’s rights under this Section 7.8(b)00, only Inserts billing inserts and statement messages regarding the Program, goods and services available for purchase from Retailer under the Program, or such other goods and services (other than financial products or services) as Retailer may reasonably suggest (with respect to which Bank shall not unreasonably withhold its consent) shall qualify for inclusion in Cardholder billing statements.

Inserts and Billing Messages. (a) For Beginning as of the expiration of the Interim Transition Period, for each billing statement sent to Cardholders Accountholders during a billing cycle during the Term, Bank will make available to Retailer LESCO a space for two one (21) customized statement messages message on the billing statement and Bank will include up to two as many LESCO inserts into each billing statement as possible (2but in no event more than eight (8) in the case of BRC Accounts and ten (10) Retailer inserts or other advertisements and communications, including onserts printed on in the case of Prox Accounts) without causing the weight of the billing statement (collectively, “Inserts”) into or with each billing statement package to the extent possible without causing an increase in postage costsexceed one ounce; provided that if Bank shall have the right with respect is required by law to the billing statements for any month to utilize one (1) Insert or statement message in order to (i) send a notice required by Applicable Law in such month (or if Bank reasonably believes a then such notice is necessary or desirable to protect Bank’s interest in the Accounts), or (ii) promote Enhancement Products or other cross-sell products and services permitted to be offered under Schedule 6.6. Retailer statement messages and Inserts shall take precedence over all priority, and; provided further, that if LESCO wishes Bank communications with the exception of Bank notices required by Applicable Law or notices that Bank believes to be necessary or desirable to protect Bank’s interest include LESCO's inserts in the Accounts. For any statement messages or Inserts to be included on or in the billing statements for any given month, Retailer must provide such statement messages or Inserts to Bank at least thirty (30) days prior to such calendar month. Bank shall promptly notify Retailer if in which the inclusion of such statement messages or Inserts inserts will cause an increase in the postage costs on such billing statements. If Retailer nonetheless wishes Bank statements to include Retailer’s statement messages or Inserts on or in such monthly billing statementsexceed one ounce, then Retailer LESCO will provide at least fifteen five (155) days prior notice to Bank to enable Bank to adjust its process and Retailer LESCO will pay the incremental overweight postage charges resulting therefrom. The foregoing notwithstanding, reduced by Bank is not required to include any LESCO statement messages or billing inserts unless Bank receives such statement messages or copies of the weight of any non-legally required noticesbilling inserts at least fifteen (15) days prior to the calendar month for the scheduled mailing date. Retailer LESCO will provide copies of all statement messages and Inserts billing inserts to Bank at its own cost. Retailer shall retain all revenues it receives from all statement messages and Inserts (other than any statement messages or Inserts promoting the Credit Cards or approved ancillary products that Retailer may permit to be produced and distributed in accordance with the Marketing Plan). Subject to Applicable Law, Reasonable Financial Services Practices and Bank’s right to protect Bank’s interest in the Accounts, each party shall have the right to reject any statement message or Insert that the other party may wish to include in or on a billing statement if the rejecting party, in good faith, believes that such message is detrimental to the image of the rejecting party or does not comply with Applicable Law. (b) The form of all statement customized messages and Inserts all billing inserts will comply with Bank’s 's specifications as provided to Retailer LESCO from time to time, and Bank shall have the right to reject any statement message or Insert billing statement that Bank reasonably believes is detrimental to the image of the Bank or the Program. In addition, any Bank billing inserts or statement messages that Bank reasonably believes are required by law or to protect Bank's interest in the Accounts will take priority over LESCO's billing inserts or statement messages. For the avoidance of doubt, for purposes of Retailer’s rights under this Section 7.8(b), only Inserts billing inserts and statement messages regarding the Program, or goods and services available for purchase from Retailer LESCO under the Program, or such other goods and services (other than financial products or services) as Retailer may reasonably suggest (with respect to which Bank shall not unreasonably withhold its consent) shall qualify for inclusion in Cardholder Accountholder billing statements.

Inserts and Billing Messages. (a) For each billing statement sent to Cardholders during a billing cycle during the Term, Bank will make available to Retailer a space for two (2) customized statement messages on the billing statement and Bank will include up to two (2) as many Retailer inserts or other advertisements and communications, including onserts printed on into each billing statement as possible (but in no event more than six (6) without causing the weight of the billing statement (collectively, “Inserts”) into or with each billing statement package to the extent possible without causing an increase in postage costsexceed one ounce); provided that if Bank shall have the right with respect is required by law to the billing statements for any month to utilize one (1) Insert or statement message in order to (i) send a notice required by Applicable Law in such month (or if Bank reasonably believes a notice is necessary or desirable to protect Bank’s interest in the Accounts), or (ii) promote Enhancement Products or other cross-sell products and services permitted to be offered under Schedule 6.6. Retailer statement messages and Inserts then such notice shall take precedence priority over all Bank communications with the exception of Bank notices required by Applicable Law any proposed insert or notices that Bank believes to be necessary or desirable to protect Bank’s interest in the Accounts. For any statement messages or Inserts to be included on or in the billing statements for any given month, Retailer must provide such statement messages or Inserts to Bank at least thirty (30) days prior to such calendar month. Bank shall promptly notify Retailer if the inclusion of such statement messages or Inserts will cause an increase in postage costs on such billing statementsmessage as applicable. If Retailer nonetheless wishes Bank to include Retailer’s statement messages or Inserts inserts in any billing statements in which the inclusion of such inserts will cause the postage on or in such monthly billing statementsstatements to exceed one ounce, then Retailer will provide at least fifteen five (155) days prior notice to Bank to enable Bank to adjust its process and Retailer will pay the incremental overweight postage charges resulting therefrom. The foregoing notwithstanding, reduced by Bank is not required to include any Retailer statement messages or billing inserts unless Bank receives such statement messages or copies of the weight of any non-legally required noticesbilling inserts at least fifteen (15) days prior to the calendar month for the scheduled mailing date. Retailer will provide copies of all statement messages and Inserts billing inserts to Bank at its own cost. Retailer shall retain all revenues it receives from all statement messages and Inserts (other than any statement messages or Inserts promoting the Credit Cards or approved ancillary products that Retailer may permit to be produced and distributed in accordance with the Marketing Plan). Subject to Applicable Law, Reasonable Financial Services Practices and Bank’s right to protect Bank’s interest in the Accounts, each party shall have the right to reject any statement message or Insert that the other party may wish to include in or on a billing statement if the rejecting party, in good faith, believes that such message is detrimental to the image of the rejecting party or does not comply with Applicable Law. (b) The form of all statement customized messages and Inserts all billing inserts will comply with Bank’s specifications as provided to Retailer from time to time, and Bank shall have the right to reject any statement message or Insert billing statement that Bank reasonably believes is detrimental to the image of the Bank or the Program. For the avoidance of doubt, for purposes of Retailer’s rights under this Section 7.8(b)Section, only Inserts billing inserts and statement messages regarding the Program, or goods and services available for purchase from Retailer under the Program, or such other goods and services (other than financial products or services) as Retailer may reasonably suggest (with respect to which Bank shall not unreasonably withhold its consent) shall qualify for inclusion in Cardholder billing statements.

Inserts and Billing Messages. (a) For each billing statement sent to Cardholders during a billing cycle during the Term, Bank will make available to Retailer a space for two (2) customized statement messages on the billing statement and Bank will include up to two (2) as many Retailer inserts or other advertisements and communications, including onserts printed on into each billing statement as possible (but in no event more than six (6)) without causing the weight of the billing statement (collectivelypackage to exceed one ounce; provided, “Inserts”) into or with each billing statement however, that if Bank is required by law to the extent possible without causing an increase in postage costs; provided that Bank shall have the right with respect to the billing statements for any month to utilize one (1) Insert or statement message in order to (i) send a notice required by Applicable Law in such month (or if Bank reasonably believes a notice is necessary or desirable to protect Bank’s interest in the Accounts), or (ii) promote Enhancement Products or other cross-sell products and services permitted to be offered under Schedule 6.6. Retailer statement messages and Inserts then such notice shall take precedence priority over all Bank communications with the exception of Bank notices required by Applicable Law any proposed insert or notices that Bank believes to be necessary or desirable to protect Bank’s interest in the Accounts. For any statement messages or Inserts to be included on or in the billing statements for any given month, Retailer must provide such statement messages or Inserts to Bank at least thirty (30) days prior to such calendar month. Bank shall promptly notify Retailer if the inclusion of such statement messages or Inserts will cause an increase in postage costs on such billing statementsmessage as applicable. If Retailer nonetheless wishes Bank to include Retailer’s statement messages or Inserts inserts in any billing statements in which the inclusion of such inserts will cause the postage on or in such monthly billing statementsstatements to exceed one ounce, then Retailer will provide at least fifteen five (155) days prior notice to Bank to enable Bank to adjust its process and Retailer will pay the incremental overweight postage charges resulting therefrom. The foregoing notwithstanding, reduced by Bank is not required to include any Retailer statement messages or billing inserts unless Bank receives such statement messages or copies of the weight of any non-legally required noticesbilling inserts at least fifteen (15) days prior to the calendar month for the scheduled mailing date. Retailer will provide copies of all statement messages and Inserts billing inserts to Bank at its own cost. Retailer shall retain all revenues it receives from all statement messages and Inserts (other than any statement messages or Inserts promoting the Credit Cards or approved ancillary products that Retailer may permit to be produced and distributed in accordance with the Marketing Plan). Subject to Applicable Law, Reasonable Financial Services Practices and Bank’s right to protect Bank’s interest in the Accounts, each party shall have the right to reject any statement message or Insert that the other party may wish to include in or on a billing statement if the rejecting party, in good faith, believes that such message is detrimental to the image of the rejecting party or does not comply with Applicable Law. (b) The form of all statement customized messages and Inserts all billing inserts will comply with Bank’s specifications as provided to Retailer from time to time, and Bank shall have the right to reject any statement message or Insert billing statement that Bank reasonably believes is detrimental to the image of Bank or the Program. For the avoidance of doubt, for purposes of Retailer’s rights under this Section 7.8(b)6.9, only Inserts billing inserts and statement messages regarding the Program, or goods and services available for purchase from Retailer under the Program, or such other goods and services (other than financial products or services) as Retailer may reasonably suggest (with respect to which Bank shall not unreasonably withhold its consent) shall qualify for inclusion in Cardholder billing statements.