Common use of Inter-Network Claims Clause in Contracts

Inter-Network Claims. With respect to any Monetary Award (or portion thereof) assigned to any Inter-Network Claims (pursuant to Paragraph 2(c) below) , each Signatory’s Judgment-Sharing Payment Obligation with respect to the Monetary Award (or portion thereof) assigned to the Inter-Network Claims shall be calculated as follows: (i) the total value of the Monetary Award (or portion thereof) assigned to the Inter-Network Claims shall be divided into a “MasterCard Portion” and a “Visa Portion” using the Visa/MasterCard Allocation percentages set forth in Paragraph 2(a) above, and (ii) the MasterCard Portion of the Monetary Award (or portion thereof) shall be allocated among the Signatories according to the applicable provisions of the MasterCard SJSA, notwithstanding any contrary provision in the Visa JSA or the Visa LSA (and the Signatories hereto that are also parties to the Visa LSA expressly agree that all payments by a Signatory toward or with respect to that MasterCard Portion of the Monetary Award (or portion thereof) shall be treated under the Visa LSA as payments with respect to and in satisfaction of the “JSA MasterCard Portion” as that term is used in Section 3 of the Visa LSA); and (iii) the Visa Portion of the Monetary Award (or portion thereof) shall be allocated among the Signatories according to the procedure set forth in Paragraphs 2(a)(i)-2(a)(iii) of the Visa JSA as though it were the “Visa Portion” collected from signatories under the Visa JSA and the Monetary Award (or portion thereof) shall be treated as though it were a “Visa Litigation Obligation” under the Visa LSA, notwithstanding any contrary provision in the Visa JSA or the Visa LSA. For the avoidance of doubt, the Signatories expressly agree that no Signatory to the Visa JSA and Visa LSA which complies with its obligations under this Omnibus Agreement shall be required, under either the Visa JSA or the Visa LSA, to pay any “MasterCard Portion” under the Visa JSA with respect to any Monetary Award (or portion thereof) assigned to Inter-Network Claims.

Appears in 2 contracts

Samples: Omnibus Agreement (Mastercard Inc), Omnibus Agreement (Mastercard Inc)

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Inter-Network Claims. With respect to any Monetary Award (or portion thereof) assigned to any Inter-Network Claims (pursuant to Paragraph 2(c) below) , each Signatory’s 's Judgment-Sharing Payment Obligation with respect to the Monetary Award (or portion thereof) assigned to the Inter-Network Claims shall be calculated as follows: (i) the total value of the Monetary Award (or portion thereof) assigned to the Inter-Network Claims shall be divided into a “MasterCard Portion” and a “Visa Portion” using the Visa/MasterCard Allocation percentages set forth in Paragraph 2(a) above, and (ii) the MasterCard Portion of the Monetary Award (or portion thereof) shall be allocated among the Signatories according to the applicable provisions of the MasterCard SJSA, notwithstanding any contrary provision in the Visa JSA or the Visa LSA (and the Signatories hereto that are also parties to the Visa LSA expressly agree that all payments by a Signatory toward or with respect to that MasterCard Portion of the Monetary Award (or portion thereof) shall be treated under the Visa LSA as payments with respect to and in satisfaction of the “JSA MasterCard Portion” as that term is used in Section 3 of the Visa LSA); and (iii) the Visa Portion of the Monetary Award (or portion thereof) shall be allocated among the Signatories according to the procedure set forth in Paragraphs 2(a)(i)-2(a)(iii) of the Visa JSA as though it were the “Visa Portion” collected from signatories under the Visa JSA and the Monetary Award (or portion thereof) shall be treated as though it were a “Visa Litigation Obligation” under the Visa LSA, notwithstanding any contrary provision in the Visa JSA or the Visa LSA. For the avoidance of doubt, the Signatories expressly agree that no Signatory to the Visa JSA and Visa LSA which complies with its obligations under this Omnibus Agreement shall be required, under either the Visa JSA or the Visa LSA, to pay any “MasterCard Portion” under the Visa JSA with respect to any Monetary Award (or portion thereof) assigned to Inter-Network Claims.

Appears in 1 contract

Samples: Omnibus Agreement (Mastercard Inc)

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Inter-Network Claims. With respect to any Monetary Award (or portion thereof) assigned to any Inter-Network Claims (pursuant to Paragraph 2(c) below) ), each Signatory’s Judgment-Sharing Payment Obligation with respect to the Monetary Award (or portion thereof) assigned to the Inter-Network Claims shall be calculated as follows: (i) the total value of the Monetary Award (or portion thereof) assigned to the Inter-Network Claims shall be divided into a “MasterCard Portion” and a “Visa Portion” using the Visa/MasterCard Allocation percentages set forth in Paragraph 2(a) above, and (ii) the MasterCard Portion of the Monetary Award (or portion thereof) shall be allocated among the Signatories according to the applicable provisions of the MasterCard SJSA, notwithstanding any contrary provision in the Visa JSA or the Visa LSA (and the Signatories hereto that are also parties to the Visa LSA expressly agree that all payments by a Signatory toward or with respect to that MasterCard Portion of the Monetary Award (or portion thereof) shall be treated under the Visa LSA as payments with respect to and in satisfaction of the “JSA MasterCard Portion” as that term is used in Section 3 of the Visa LSA); and (iii) the Visa Portion of the Monetary Award (or portion thereof) shall be allocated among the Signatories according to the procedure set forth in Paragraphs 2(a)(i)-2(a)(iii) of the Visa JSA as though it were the “Visa Portion” collected from signatories under the Visa JSA and the Monetary Award (or portion thereof) shall be treated as though it were a “Visa Litigation Obligation” under the Visa LSA, notwithstanding any contrary provision in the Visa JSA or the Visa LSA. For the avoidance of doubt, the Signatories expressly agree that no Signatory to the Visa JSA and Visa LSA which complies with its obligations under this Omnibus Agreement shall be required, under either the Visa JSA or the Visa LSA, to pay any “MasterCard Portion” under the Visa JSA with respect to any Monetary Award (or portion thereof) assigned to Inter-Network Claims.

Appears in 1 contract

Samples: Omnibus Agreement (Visa Inc.)

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