Common use of Primary Obligations of the Parties Clause in Contracts

Primary Obligations of the Parties. 0. Xxxx shall exercise reasonable care to enable Cardmembers to obtain goods, services, benefits or cash withdrawal service by using the Corporate Card at Merchants regardless of whether such Merchants have a contract with Amex or with the Acquirers; and in the handling of payment of Charges to Merchants in accordance with Cardmember instructions. Amex shall exercise the same standard of care for Cardmembers regardless of whether or not Amex has agreed to reduce or waive the annual fee. 2. The Corporate Card is the property of Amex. The Cardmember shall keep and use the Corporate Card properly and with care. The Cardmember is permitted to use the Corporate Card only before the expiry date shown on the face of the Corporate Card. The Corporate Card is for the Cardmember’s sole use, and the Cardmember shall not allow or authorize any third party to use the Corporate Card or any information on the Corporate Card for any purpose. 3. The Cardmember shall keep confidential the method of verifying Cardmember’s identity and may not reveal it to any third party. 4. The Cardmember shall not, by use of the Corporate Card or by any other means, effect false transactions or collude with Merchants or any third party to commit fraud, or to obtain money or other benefits. 5. The Cardmember shall not use the Corporate Card to make purchases when the Cardmember anticipates that he/she has no intention or ability to pay all or part of the Charges. 6. The Cardmember shall be liable for Charges incurred from a breach of Paragraph 2, 3, 4, or 5 hereof. 7. If the Cardmember uses the Corporate Card to purchase items with high liquidity, make purchases at Merchants’ that are on JCIC’s watch list, pay for internet gambling, engage in other illegal transactions, or carries out transactions at extraordinary hours, locations, or involving extraordinary items causing Amex to have grounds to suspect that the transaction is false, or that there may be collusion and fraud, Amex, in consideration of risk and fraud prevention, reserves the right to decline or authorize such transaction, or restrict or decline the use of the Corporate Card by Cardmember for the aforesaid transactions. Amex shall not be liable for any loss or damage incurred by Cardmember or any third party resulting from its decision to decline authorization of any transactions. 0. Xxxx shall ensure the veracity of its advertisements, and Amex’s obligations to the Cardmember shall not be less than as stated in any of its advertisements. 9. The Cardmember authorizes the Company’s Corporate Card Program Administrator, or such other officer of the Company as may have authority to act on its behalf (“Authorized Person”), to act as his/her service agent to receive all notices relating to this Agreement. It is the responsibility of the Authorized Person to inform the Cardmember of the contents of any notice, obtain the Cardmember’s consent or instructions where required, and respond to Amex on his/her behalf. Amex is entitled to rely on directions, consents and information received from the Authorized Person as directions, consents and information received from the Cardmember. In the event the Authorized Person receives a notice pursuant to Article 20, and the Cardmember does not raise any objections within the 60 day time period specified in Article 20, the Cardmember shall be deemed to have consented to the changes set out in the notice.

Appears in 2 contracts

Samples: Corporate Card Agreement, Corporate Card Agreement

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Primary Obligations of the Parties. 0. Xxxx shall exercise reasonable care to enable Cardmembers to obtain goods, services, benefits or cash withdrawal service by using the Corporate Card at Merchants regardless of whether such Merchants have a contract with Amex or with the Acquirers; and in the handling of payment of Charges to Merchants in accordance with Cardmember instructionsaccordancewithCardmemberinstructions. Amex shall exercise the same standard of care for Cardmembers regardless of whether or not Amex has agreed to reduce or waive the annual fee. 2. The Corporate Card is the property of Amex. The Cardmember shall keep and use the Corporate Card properly and with care. The Cardmember is permitted to use the Corporate Card only before the expiry date shown on the face of the Corporate Card. The Corporate Card is for the Cardmember’s sole use, and the Cardmember shall not allow or authorize any third party to use the Corporate Card or any information on the Corporate Card for any purpose. 3. The Cardmember shall keep confidential the method of verifying Cardmember’s identity and may not reveal it to any third party. 4. The Cardmember shall not, by use of the Corporate Card or by any other means, effect false transactions or collude with Merchants or any third party to commit fraud, or to obtain money or other benefits. 5. The Cardmember shall not use the Corporate Card to make purchases when the Cardmember anticipates that he/she has no intention or ability to pay all or part of the Charges. 6. The Cardmember shall be liable for Charges incurred from a breach of Paragraph 2, 3, 4, or 5 hereof. 7. If the Cardmember uses the Corporate Card to purchase items with high liquidity, make purchases at Merchants’ that are on JCIC’s watch list, pay for internet gambling, engage in other illegal transactions, or carries out transactions at extraordinary hours, locations, or involving extraordinary items causing Amex to have grounds to suspect that the transaction is false, or that there may be collusion and fraud, Amex, in consideration of risk and fraud prevention, reserves the right to decline or authorize such transaction, or restrict or decline the use of the Corporate Card by Cardmember for the aforesaid transactions. Amex shall not be liable for any loss or damage incurred by Cardmember or any third party resulting from its decision to decline authorization of any transactions.other 0. Xxxx shall ensure the veracity of its advertisements, and Amex’s obligations to the Cardmember shall not be less than as stated in any of its advertisements. 9. The 9.The Cardmember authorizes the Company’s Corporate Card Program Administrator, or such other officer of the Company as may have authority to act on its behalf (“Authorized Person”), to act as his/her service agent to receive all notices relating to this Agreement. It is the responsibility of the Authorized Person to inform the Cardmember of the contents of any notice, obtain the Cardmember’s consent or instructions where required, and respond to Amex on his/her behalf. Amex is entitled to rely on directions, consents and information received from the Authorized Person as directions, consents and information received from the Cardmember. In the event the Authorized Person receives a notice pursuant to Article 20, and the Cardmember does not raise any objections within the 60 day time period specified in Article 20, the Cardmember shall be deemed to have consented to the changes set out in the notice.Person

Appears in 2 contracts

Samples: Corporate Card Agreement, Corporate Card Agreement

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Primary Obligations of the Parties. 01. Xxxx Amex shall exercise reasonable care to enable Cardmembers to obtain goods, services, benefits or cash withdrawal service by using the Corporate Card at Merchants regardless of whether such Merchants have a contract with Amex or with the Acquirers; and in the handling of payment of Charges to Merchants in accordance with Cardmember instructions. Amex shall exercise the same standard of care for Cardmembers regardless of whether or not Amex has agreed to reduce or waive the annual fee. 2. The Corporate Card is the property of Amex. The Cardmember shall keep and use the Corporate Card properly and with care. The Cardmember is permitted to use the Corporate Card only before the expiry date shown on the face of the Corporate Card. The Corporate Card is for the Cardmember’s sole use, and the Cardmember shall not allow or authorize any third party to use the Corporate Card or any information on the Corporate Card for any purpose. 3. The Cardmember shall keep confidential the method of verifying Cardmember’s identity and may not reveal it to any third party. 4. The Cardmember shall not, by use of the Corporate Card or by any other means, effect false transactions or collude with Merchants or any third party to commit fraud, or to obtain money or other benefits. 5. The Cardmember shall not use the Corporate Card to make purchases when the Cardmember anticipates that he/she has no intention or ability to pay all or part of the Charges. 6. The Cardmember shall be liable for Charges incurred from a breach of Paragraph 2, 3, 4, or 5 hereof. 7. If the Cardmember uses the Corporate Card to purchase items with high liquidity, make purchases at Merchants’ that are on JCIC’s watch list, pay for internet gambling, engage in other illegal transactions, or carries out transactions at extraordinary hours, locations, or involving extraordinary items causing Amex to have grounds to suspect that the transaction is false, or that there may be collusion and fraud, Amex, in consideration of risk and fraud prevention, reserves the right to decline or authorize such transaction, or restrict or decline the use of useof the Corporate Card by Cardby Cardmember for the aforesaid transactions. Amex shall not be liable for any loss or damage incurred by Cardmember or any third party resulting from its decision to decline authorization of any transactions. 08. Xxxx Amex shall ensure the veracity of its advertisements, and Amex’s obligations to the Cardmember shall not be less than as stated in any of its advertisements. 9. The Cardmember authorizes the Company’s Corporate Card Program Administrator, or such other officer of the Company as may have authority to act on its behalf (“Authorized Person”), to act as his/her service agent to receive all notices relating to this Agreement. It is the responsibility of the Authorized Person to inform the Cardmember of the contents of any notice, obtain the Cardmember’s consent or instructions where required, and respond to Amex on his/her behalf. Amex is entitled to rely on directions, consents and information received from the Authorized Person as directions, consents and information received from the Cardmember. In the event the Authorized Person receives a notice pursuant to Article 20, and the Cardmember does not raise any objections within the 60 day time period specified in Article 20, the Cardmember shall be deemed to have consented to the changes set out in the notice.

Appears in 2 contracts

Samples: Corporate Card Agreement, Corporate Card Agreement

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