Performance by BAMSI Sample Clauses

Performance by BAMSI. BAMSI shall have full responsibility for the -------------------- proper performance of the Merchant Processing Services under each Merchant Contract except for the obligations and responsibilities which the Bank assumes hereunder. Without limiting the foregoing, BAMSI shall provide authorization services to the Merchants, perform data capture services with respect to all credit, debit and charge card transactions by the Merchants, submit such data to the applicable Interchange (as hereinafter defined), process retrievals and chargebacks, and direct the settlement of such transactions. In providing Merchant Processing Services, BAMSI agrees to comply with (i) all Visa and MasterCard Bylaws, Manuals, Operating Regulations and other written materials as they may from time to time be amended which bind or apply to the Bank as a member of Visa and MasterCard with respect to Merchant Processing Services or to BAMSI as a third party processor with respect to Merchant Processing Services ("Rules"), (ii) all agreements between Merchants and the Bank with respect to Merchant Processing Services, and (iii) all applicable laws and regulations, whether state or federal. BAMSI agrees to enter into any agreements with Visa and MasterCard necessary to perform this Agreement in accordance with its terms, subject to the rights of BAMSI to terminate this Agreement pursuant to Section 6.2. Without in any way limiting the foregoing, BAMSI agrees as follows: (a) any material containing any of the Visa Card Program Marks used by it in performing this Agreement will prominently identify the Bank by name and city adjacent to such marks and, in identifying BAMSI, will specify that BAMSI is acting as agent or representative of the Bank; (b) any solicitation material used by BAMSI shall clearly disclose that BAMSI is acting as agent or representative of the Bank; and (c) BAMSI acknowledges that it does not have authority to permit the use of Visa Card Program Marks by any of its own agents. BAMSI and the Bank agree that the foregoing clauses shall be deemed modified from time to time to reflect any changes in Visa's requirements applicable to BAMSI's use of Visa Card Program Marks and solicitation material or to the terms required herein.
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Related to Performance by BAMSI

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • Performance by Seller Seller shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by each of them, on or before the Closing Date.

  • Performance by Affiliates Each Party may discharge any obligations and exercise any right hereunder through any of its Affiliates. Each Party hereby guarantees the performance by its Affiliates of such Party’s obligations under this Agreement, and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. Any breach by a Party’s Affiliate of any of such Party’s obligations under this Agreement shall be deemed a breach by such Party, and the other Party may proceed directly against such Party without any obligation to first proceed against such Party’s Affiliate.

  • Performance by Agent If the Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, the Agent may perform or attempt to perform such covenant, duty or agreement on behalf of the Borrower after the expiration of any cure or grace periods set forth herein. In such event, the Borrower shall, at the request of the Agent, promptly pay any amount reasonably expended by the Agent in such performance or attempted performance to the Agent, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, neither the Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower under this Agreement or any other Loan Document.

  • Performance by Purchaser Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing Date.

  • Performance by Borrower Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lender.

  • Performance by Lender If the Pledgor shall fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Pledgor, and may enter upon the premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgor. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor to the Lender on demand, and shall constitute and become a part of the Obligations.

  • PERFORMANCE BY INVESTOR Investor shall have performed, satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing.

  • Performance by Landlord If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation, Landlord in its sole discretion may, after ten (10) days prior written notice to Tenant, without waiving any rights or remedies and without releasing Tenant from its obligations hereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums paid by Landlord in connection with such substitute performance, including interest at the Agreed Interest Rate (as defined in Section 19.J) within ten (10) days of Landlord's written notice for such payment.

  • Performance by Secured Party If Debtor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand.

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