Common use of Merchant’s Business Clause in Contracts

Merchant’s Business. Peoples Trust, not FRONTSTREAM PAYMENTS, shall hold, administer, and control all settlement funds for the Merchant and reserve funds derived from settlement. FRONTSTREAM PAYMENTS is not permitted to directly access or hold merchant funds whether from settlement or reserves. Merchant will notify Peoples Trust immediately if it intends to, and prior to taking of any steps to (a) transfer or sell a substantial part of its assets, or liquidate; (b) change the basic nature of its business, including selling any products or services not related to its current business; (c) change ownership or transfer control of 10% or more of its business; (d) enter into any joint venture, partnership or similar business arrangement whereby any person or entity not a party to the Merchant Agreement assumes any interest in Merchant’s business; (e) alter in any way Merchant’s approved monthly volume, average ticket, or maximum ticket; (f) changes its return policies or fulfillment house from those identified in the Merchant Application; (g) any substantial change in the volume of Transactions in respect of domestic versus foreign purchases; or (h) adds any outlet operations to its business in respect of the same products and/or services being offered by Merchant. Merchant will immediately notify Peoples Trust in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant’s failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Peoples Trust’s exercise of all its rights and remedies provided by the Merchant Agreement. If any change listed above occurs, Peoples Trust may, at its sole discretion, immediately terminate the Merchant Agreement. Merchant further acknowledges and agrees that Peoples Trust may, at its sole discretion, withhold funds (settlement or otherwise) or temporarily suspend processing under the Merchant Agreement if Peoples Trust, in its sole discretion, determines that such withholding or suspension is required to protect Peoples Trust or any other entity from potential losses or if there exist material variances from the disclosures on the Merchant application in (i) the nature of Merchant’s business, (ii) the type of or composition of Card processing conducted, or (iii) the actual average ticket size or actual monthly volume amount. If (A) such variances exist, (B) Merchant does not swipe or dip credit card or debit card through POS terminals, (C) Merchant does not receive authorization for Transactions, (D) Peoples Trust receives excessive Retrieval requests against Merchant’s prior activity, or

Merchant’s Business. Peoples Trust, not FRONTSTREAM PAYMENTS, shall hold, administer, and control all settlement funds for the Merchant and reserve funds derived from settlement. FRONTSTREAM PAYMENTS is not permitted to directly access or hold merchant funds whether from settlement or reserves. Merchant will notify Peoples Trust immediately if it intends to, and prior to taking of any steps to (a) transfer or sell a substantial part of its assets, or liquidate; (b) change the basic nature of its business, including selling any products or services not related to its current business; (c) change ownership or transfer control of 10% or more of its business; (d) enter into any joint venture, partnership or similar business arrangement whereby any person or entity not a party to the Merchant Agreement assumes any interest in Merchant’s business; (e) alter in any way Merchant’s approved monthly volume, average ticket, or maximum ticket; (f) changes its return policies or fulfillment house from those identified in the Merchant Application; (g) any substantial change in the volume of Transactions in respect of domestic versus foreign purchases; or (h) adds any outlet operations to its business in respect of the same products and/or services being offered by MerchantXxxxxxxx. Merchant Xxxxxxxx will immediately notify Peoples Trust in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant’s failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Peoples Trust’s exercise of all its rights and remedies provided by the Merchant Agreement. If any change listed above occurs, Peoples Trust may, at its sole discretion, immediately terminate the Merchant Agreement. Merchant further acknowledges and agrees that Peoples Trust may, at its sole discretion, withhold funds (settlement or otherwise) or temporarily suspend processing under the Merchant Agreement if Peoples Trust, in its sole discretion, determines that such withholding or suspension is required to protect Peoples Trust or any other entity from potential losses or if there exist material variances from the disclosures on the Merchant application in (i) the nature of Merchant’s business, (ii) the type of or composition of Card processing conducted, or (iii) the actual average ticket size or actual monthly volume amount. If (A) such variances exist, (B) Merchant does not swipe or dip credit card or debit card through POS terminals, (C) Merchant does not receive authorization for Transactions, (D) Peoples Trust receives excessive Retrieval requests against Merchant’s prior activity, or

Merchant’s Business. Peoples Trust, not FRONTSTREAM PAYMENTS, shall hold, administer, and control all settlement funds for the Merchant and reserve funds derived from settlement. FRONTSTREAM PAYMENTS is not permitted to directly access or hold merchant funds whether from settlement or reserves. Merchant will notify Peoples Trust Pivotal immediately if it intends to, and prior to taking of any steps to (a) transfer or sell a substantial part of its assets, or liquidate; (b) change the basic nature of its business, including selling any products or services not related to its current business; (c) change ownership or transfer control of 10% or more of its business; (d) enter into any joint venture, partnership or similar business arrangement whereby any person or entity not a party to the Merchant Agreement assumes any interest in Merchant’s Merchant‟s business; (e) alter in any way Merchant’s Merchant‟s approved monthly volume, average ticket, or maximum ticket; (f) changes change its return policies or fulfillment house from those identified in the Merchant Application; (g) undertake any substantial change in the volume of Transactions in respect of domestic versus foreign purchases; or (h) adds add any outlet operations to its business in respect of the same products and/or services being offered by Merchant. Merchant will immediately notify Peoples Trust Pivotal in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant’s Merchant‟s failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Peoples Trust’s Pivotal‟s exercise of all its rights and remedies provided by the Merchant Agreement. If any change listed above occurs, Peoples Trust may, at its sole discretion, Pivotal may immediately terminate the Merchant Agreement. Merchant further acknowledges and agrees that Peoples Trust may, at its sole discretion, Pivotal may withhold funds (settlement or otherwise) or temporarily suspend processing under the Merchant Agreement if Peoples TrustPivotal, in its sole discretion, determines that such withholding or suspension is required to protect Peoples Trust or any other entity Pivotal from potential losses or if there exist material variances from the disclosures on the Merchant application Application in (i) the nature of Merchant’s Merchant‟s business, (ii) the type of or composition of Card processing conducted, or (iii) the actual average ticket size or actual monthly volume amount. If (A) such variances exist, (B) Merchant does not swipe or dip credit card or debit card through POS terminalsTerminals, (C) Merchant does not receive authorization for Transactions, (D) Peoples Trust Pivotal receives excessive Retrieval requests against Merchant’s Merchant‟s prior activity, oror (E) excessive Chargebacks are debited against Merchant‟s prior activity, then Pivotal may delay or withhold settlement of funds for a period not less than 180 days or until Pivotal is reasonably certain fraud or other activity detrimental to Pivotal has not occurred. Pivotal‟s right to withhold settlement funds as set forth herein survives termination of the Merchant Agreement. Merchant must immediately contact Pivotal if material variances from the average ticket size or monthly volume occur. For purposes hereof, Pivotal‟s determination of materiality shall be binding upon Merchant.

Merchant’s Business. Peoples Trust, not FRONTSTREAM PAYMENTS, shall hold, administer, and control all settlement funds for the Merchant and reserve funds derived from settlement. FRONTSTREAM PAYMENTS is not permitted to directly access or hold merchant funds whether from settlement or reserves. Merchant will notify Peoples Trust Pivotal immediately if it intends to, and prior to taking of any steps to (a) transfer or sell a substantial part of its assets, or liquidate; (b) change the basic nature of its business, including selling any products or services not related to its current business; (c) change ownership or transfer control of 10% or more of its business; (d) enter into any joint venture, partnership or similar business arrangement whereby any person or entity not a party to the Merchant Agreement assumes any interest in Merchant’s business; (e) alter in any way Merchant’s approved monthly volume, average ticket, or maximum ticket; (f) changes change its return policies or fulfillment house from those identified in the Merchant Application; (g) undertake any substantial change in the volume of Transactions in respect of domestic versus foreign purchases; or (h) adds add any outlet operations to its business in respect of the same products and/or services being offered by Merchant. Merchant will immediately notify Peoples Trust Pivotal in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant’s failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Peoples TrustPivotal’s exercise of all its rights and remedies provided by the Merchant Agreement. If any change listed above occurs, Peoples Trust may, at its sole discretion, Pivotal may immediately terminate the Merchant Agreement. Merchant further acknowledges and agrees that Peoples Trust may, at its sole discretion, Pivotal may withhold funds (settlement or otherwise) or temporarily suspend processing under the Merchant Agreement if Peoples TrustPivotal, in its sole discretion, determines that such withholding or suspension is required to protect Peoples Trust or any other entity Pivotal from potential losses or if there exist material variances from the disclosures on the Merchant application Application in (i) the nature of Merchant’s business, (ii) the type of or composition of Card processing conducted, or (iii) the actual average ticket size or actual monthly volume amount. If (A) such variances exist, (B) Merchant does not swipe or dip credit card or debit card through POS terminalsTerminals, (C) Merchant does not receive authorization for Transactions, (D) Peoples Trust Pivotal receives excessive Retrieval requests against Merchant’s prior activity, oror (E) excessive Chargebacks are debited against Merchant’s prior activity, then Pivotal may delay or withhold settlement of funds for a period not less than 180 days or until Pivotal is reasonably certain fraud or other activity detrimental to Pivotal has not occurred. Pivotal’s right to withhold settlement funds as set forth herein survives termination of the Merchant Agreement. Merchant must immediately contact Pivotal if material variances from the average ticket size or monthly volume occur. For purposes hereof, Xxxxxxx’s determination of materiality shall be binding upon Merchant.

Merchant’s Business. Peoples Trust, not FRONTSTREAM PAYMENTS, shall hold, administer, and control all settlement funds for the Merchant and reserve funds derived from settlement. FRONTSTREAM PAYMENTS is not permitted to directly access or hold merchant funds whether from settlement or reserves. Merchant will notify Peoples Trust immediately if it intends to, and prior to taking of any steps to (a) transfer or sell a substantial part of its assets, or liquidate; (b) change the basic nature of its business, including selling any products or services not related to its current business; (c) change ownership or transfer control of 10% or more of its business; (d) enter into any joint venture, partnership or similar business arrangement whereby any person or entity not a party to the Merchant Agreement assumes any interest in Merchant’s business; (e) alter in any way Merchant’s approved monthly volume, average ticket, or maximum ticket; (f) changes change its return policies or fulfillment house from those identified in the Merchant Application; (g) undertake any substantial change in the volume of Transactions in respect of domestic versus foreign purchases; or (h) adds add any outlet operations to its business in respect of the same products and/or services being offered by Merchant. Merchant will immediately notify Peoples Trust in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant’s failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Peoples Trust’s Peoples’ exercise of all its rights and remedies provided by the Merchant Agreement. If any change listed above occurs, Peoples Trust may, at its sole discretion, may immediately terminate the Merchant Agreement. Merchant further acknowledges and agrees that Peoples Trust may, at its sole discretion, may withhold funds (settlement or otherwise) or temporarily suspend processing under the Merchant Agreement if Peoples TrustPeoples, in its sole discretion, determines that such withholding or suspension is required to protect Peoples Trust or any other entity from potential losses or if there exist material variances from the disclosures on the Merchant application Application in (i) the nature of Merchant’s business, (ii) the type of or composition of Card processing conducted, or (iii) the actual average ticket size or actual monthly volume amount. If (A) such variances exist, (B) Merchant does not swipe or dip credit card or debit card through POS terminals, (C) Merchant does not receive authorization for Transactions, (D) Peoples Trust receives excessive Retrieval requests against Merchant’s prior activity, orTerminals,

Merchant’s Business. Peoples Trust, not FRONTSTREAM PAYMENTS, shall hold, administer, and control all settlement funds for the Merchant and reserve funds derived from settlement. FRONTSTREAM PAYMENTS is not permitted to directly access or hold merchant funds whether from settlement or reserves. Merchant will notify Peoples Trust immediately if it intends to, and prior to taking of any steps to (a) transfer or sell a substantial part of its assets, or liquidate; (b) change the basic nature of its business, including selling any products or services not related to its current business; (c) change ownership or transfer control of 10% or more of its business; (d) enter into any joint venture, partnership or similar business arrangement whereby any person or entity not a party to the Merchant Agreement assumes any interest in Merchant’s business; (e) alter in any way Merchant’s approved monthly volume, average ticket, or maximum ticket; (f) changes its return policies or fulfillment house from those identified in the Merchant Application; (g) any substantial change in the volume of Transactions in respect of domestic versus foreign purchases; or (h) adds any outlet operations to its business in respect of the same products and/or services being offered by Merchant. Merchant Xxxxxxxx will immediately notify Peoples Trust in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant’s failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Peoples Trust’s exercise of all its rights and remedies provided by the Merchant Agreement. If any change listed above occurs, Peoples Trust may, at its sole discretion, may immediately terminate the Merchant Agreement. Merchant further acknowledges and agrees that Peoples Trust may, at its sole discretion, may withhold funds (settlement or otherwise) or temporarily suspend processing under the Merchant Agreement if Peoples Trust, in its sole discretion, determines that such withholding or suspension is required to protect Peoples Trust or any other entity from potential losses or if there exist material variances from the disclosures on the Merchant application in (i) the nature of Merchant’s business, (ii) the type of or composition of Card processing conducted, or (iii) the actual average ticket size or actual monthly volume amount. If (A) such variances exist, (B) Merchant does not swipe or dip credit card or debit card through POS terminals, (C) Merchant does not receive authorization for Transactions, (D) Peoples Trust receives excessive Retrieval requests against Merchant’s prior activity, oror (E) excessive Chargebacks are debited against Merchant’s prior activity, then Peoples Trust may delay or withhold settlement of funds for a period not less than 180 days or until Peoples Trust is reasonably certain fraud or other activity detrimental to Peoples Trust has not occurred. Peoples Trust’s right to withhold settlement funds as set forth herein survives termination of the Merchant Agreement. Merchant must immediately contact Peoples Trust if material variances from the average ticket size or monthly volume occur. For purposes hereof, Peoples Trust’s determination of materiality shall be binding upon Merchant.

Merchant’s Business. Peoples Trust, not FRONTSTREAM PAYMENTSPaysafe, shall must hold, administer, and control all settlement funds for the Merchant and reserve funds derived from settlement. FRONTSTREAM PAYMENTS Paysafe is not permitted to directly access or hold merchant funds whether from settlement or reserves. Merchant will notify Peoples Trust immediately if it intends to, and prior to taking of any steps to (a) transfer or sell a substantial part of its assets, or liquidate; (b) change the basic nature of its business, including selling any products or services not related to its current business; (c) change ownership or transfer control of 10% or more of its business; (d) enter into any joint venture, partnership or similar business arrangement whereby any person or entity not a party to the Merchant Agreement assumes any interest in Merchant’s business; (e) alter in any way Merchant’s approved monthly volume, average ticket, or maximum ticket; (f) changes its return policies or fulfillment house from those identified in the Merchant Application; (g) any substantial change in the volume of Transactions in respect of domestic versus foreign purchases; or (h) adds any outlet operations to its business in respect of the same products and/or services being offered by Merchant. Merchant Xxxxxxxx will immediately notify Peoples Trust in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant’s failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Peoples Trust’s exercise of all its rights and remedies provided by the Merchant Agreement. If any change listed above occurs, Peoples Trust may, at its sole discretion, may immediately terminate the Merchant Agreement. Merchant further acknowledges and agrees that Peoples Trust may, at its sole discretion, may withhold funds (settlement or otherwise) or temporarily suspend processing under the Merchant Agreement if Peoples Trust, in its sole discretion, determines that such withholding or suspension is required to protect Peoples Trust or any other entity from potential losses or if there exist material variances from the disclosures on the Merchant application in (i) the nature of Merchant’s business, (ii) the type of or composition of Card processing conducted, or (iii) the actual average ticket size or actual monthly volume amount. If (A) such variances exist, (B) Merchant does not swipe or dip credit card or debit card through POS terminals, (C) Merchant does not receive authorization for Transactions, (D) Peoples Trust receives excessive Retrieval requests against Merchant’s prior activity, oror (E) excessive Chargebacks are debited against Merchant’s prior activity, then Peoples Trust may delay or withhold settlement of funds for a period not less than 180 days or until Peoples Trust is reasonably certain fraud or other activity detrimental to Peoples Trust has not occurred. Peoples Trust’s right to withhold settlement funds as set forth herein survives termination of the Merchant Agreement. Merchant must immediately contact Peoples Trust if material variances from the average ticket size or monthly volume occur. For purposes hereof, Peoples Trust’s determination of materiality shall be binding upon Merchant.