REFUSAL BY A MERCHANT Sample Clauses

REFUSAL BY A MERCHANT. The Bank, its successors and assigns shall not be held liable in the event that your Card or one of your cheques is not honoured or if you cannot otherwise use your Account. You must settle any transaction-related claim or dispute directly with the merchant. The Bank must credit the Account as soon as it receives a credit note from the merchant. i) negligence (whether related to personal injury or property damage), ii) product liability, iii) misrepresentations and omissions, iv) contract claims, v) breach of warranty, expressed or implied, vi) breach of any federal, provincial, municipal, or foreign legislation (including consumer protection laws), vii) penalties, punitive damages or exemplary damages, viii) damages in excess of the amount of the disputed transaction. You agree to fully cooperate with the Bank in pursuing any claim or suit in connection with any Disputed Claim, and to execute any document required by the Bank in connection therewith. Without limiting the foregoing assignment, you agree that any monies recoverable from the Merchant or any third party in relation to any Disputed Claim shall belong solely to the Bank and be payable directly to the Bank. If for some reason these monies are paid directly to you or otherwise credited to your Account, you will immediately repay these monies or endorse any cheque to the Bank, as directed.
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REFUSAL BY A MERCHANT. The Bank, its successors and assigns shall not be held liable in the event that Your Card is not honoured or if You cannot otherwise use the Account. You must settle any transaction-related claim or dispute directly with the merchant. The Bank must credit the Account as soon as it receives a credit note from the merchant.
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REFUSAL BY A MERCHANT. The Bank shall not be held liable in the event that the Card is not accepted, if a Visa Cheque is not honoured, or if the Authorized User cannot otherwise use its Card. The Authorized User must settle any transaction-related claim or dispute directly with the Merchant. The Bank must credit the Account as soon as it receives a credit note from the Merchant. If the Bank has not received a credit note when preparing the Account Statement, the Account Holder must pay the balance appearing on the Account Statement in accordance with this Agreement. The Account Holder may, however, contact the Bank to discuss a dispute regarding an entry in its Account Statement. In consideration of the Bank crediting the Account with regard to any and all Disputed Claims, and acknowledging that the Bank has no legal obligation to do so, the Account Holder sells, assigns and transfers to the Bank (and its successors and assigns) all its rights, and subrogates to the Bank (and its successors and assigns) all its rights to any and all Disputed Claims with respect to the Account.
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REFUSAL BY A MERCHANT. The credit card may be used everywhere it is accepted. We are not responsible if a merchant refuses the credit card.
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REFUSAL BY A MERCHANT. The Bank shall not be held liable in the event that the Card is not accepted, if a Visa Cheque is not honoured, or if the Authorized User cannot otherwise use its Card. The Authorized User must settle any transaction-related claim or dispute directly with the Merchant. The Bank must credit the Account as soon as it receives a credit note from the Merchant. If the Bank has not received a credit note when preparing the Account Statement, the Account Holder must pay the balance appearing on the Account Statement in accordance with this Agreement. The Account Holder may, however, contact the Bank to discuss a dispute regarding an entry in its Account Statement. In consideration of the Bank crediting the Account with regard to any and all Disputed Claims, and acknowledging that the Bank has no legal obligation to do so, the Account Holder sells, assigns and transfers to the Bank (and its successors and assigns) all its rights, and subrogates the Bank (and its successors and assigns) all its rights to any and all Disputed Claims with respect to the Account. For the purposes of this article, “Disputed Claim” refers to any and all right, claim, demand or other interest (including any cause of action acquired or which may be acquired) that the Account Holder has or may have, now or in the future, to be reimbursed for or otherwise recover all or part of the amount of any Purchase or by any person, entity, board, agency, fund or other source (the “Merchant”) resulting from any disputed transaction, when the Bank credits the Account for any amount related to the disputed transaction. A “Disputed Claim” does not include all claims the Account Holder and/or Authorized User may have against a Merchant other than those that relate strictly to a disputed transaction, and excludes, without limitation, any negligence claim (whether resulting from personal or property damage, and whether based on strict product liability, negligence, negligent misrepresentation or omission), contract claims (whether based on breach of express or implied warranty), claims for breach of any federal, provincial, municipal or foreign legislation (including consumer protection laws), and claims for penalties, punitive damages, exemplary damages or any claims for damages in excess of the amount of the disputed transaction. The Account Holder and/or Authorized User agree to fully co-operate with the Bank, its successors and assigns, in pursuance of any claim or suit in connection with any Disputed C...
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REFUSAL BY A MERCHANT. The Bank, its successors and assigns shall not be held liable in the event that your Card or one of your cheques is not honoured or if you cannot otherwise use your Account. You must settle any transaction-related claim or dispute directly with the merchant. The Bank must credit the Account as soon as it receives a credit note from the merchant. i) negligence (whether related to personal injury or property damage), ii) product liability, iii) misrepresentations and omissions, iv) contract claims, v) breach of warranty, expressed or implied, vi) breach of any federal, provincial, municipal, or foreign legislation (including consumer protection laws), vii) penalties, punitive damages or exemplary damages, viii) damages in excess of the amount of the disputed transaction.
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Related to REFUSAL BY A MERCHANT

  • Right of Refusal The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's discretion unless required by law.

  • Failure to Consummate Business Combination The Placement Warrants shall be terminated upon the dissolution of the Company or in the event that the Company does not consummate the Business Combination within 24 months from the completion of the IPO.

  • Notice, Etc A Party required to make an indemnification payment pursuant to this Agreement (“Indemnifying Party”) shall have no liability with respect to Third Party Claims or otherwise with respect to any covenant, representation, warranty, agreement, undertaking or obligation under this Agreement unless the Party entitled to receive such indemnification payment (“Indemnified Party”) gives notice to the Indemnifying Party specifying (i) the covenant, representation or warranty, agreement, undertaking or obligation contained herein which it asserts has been breached, (ii) in reasonable detail, the nature and dollar amount (or estimate, if the magnitude of the Claim cannot be precisely determined at that time) of any Claim the Indemnified Party may have against the Indemnifying Party by reason thereof under this Agreement, and (iii) whether or not the Claim is a Third Party Claim. With respect to Third Party Claims, an Indemnified Party (i) shall give the Indemnifying Party prompt notice of any Third Party Claim, (ii) prior to taking any action with respect to such Third Party Claim, shall consult with the Indemnifying Party as to the procedure to be followed in defending, settling, or compromising the Third Party Claim, (iii) shall not consent to any settlement or compromise of the Third Party Claim without the written consent of the Indemnifying Party (which consent shall not be unreasonably withheld or delayed), and (iv) shall permit the Indemnifying Party, if it so elects, to assume the exclusive defense of such Third Party Claim (including, except as provided in the penultimate sentence of this Section, the compromise or settlement thereof) at its own cost and expense. If the Indemnifying Party shall elect to assume the exclusive defense of any Third Party Claim pursuant to this Agreement, it shall notify the Indemnified Party in writing of such election, and the Indemnifying Party shall not be liable hereunder for any fees or expenses of the Indemnified Party’s counsel relating to such Third Party Claim after the date of delivery to the Indemnified Party of such notice of election. The Indemnifying Party will not compromise or settle any such Third Party Claim without the written consent of the Indemnified Party (which consent shall not be unreasonably withheld or delayed) if the relief provided is other than monetary damages or such relief would have a Material Adverse Effect on the Indemnified Party. Notwithstanding the foregoing, if the Indemnifying Party elects to assume the defense with respect to any Third Party Claim, the Indemnifying Party shall have the right to compromise or settle for solely monetary damages such Third Party Claim, provided such settlement will not result in or have a Material Adverse Effect on the Indemnified Party. Notwithstanding the foregoing, the Party which defends any Third Party Claim shall, to the extent required by any insurance policies of the Indemnified Party, share or give control thereof to any insurer with respect to such Claim.

  • If there is a permitted secondary offering (1) If the Issuer is an emerging issuer and you have sold in a permitted secondary offering 10% or more of your escrow securities, your escrow securities will be released as follows: For delivery to complete the IPO All escrow securities sold by you in the permitted secondary offering 6 months after the listing date 1/6 of your remaining escrow securities 12 months after the listing date 1/5 of your remaining escrow securities 18 months after the listing date 1/4 of your remaining escrow securities 24 months after the listing date 1/3 of your remaining escrow securities 30 months after the listing date 1/2 of your remaining escrow securities 36 months after the listing date your remaining escrow securities *In the simplest case, where there are no changes to the remaining escrow securities upon completion of the permitted secondary offering and no additional escrow securities, the release schedule outlined above results in the remaining escrow securities being released in equal tranches of 16 2/3%. (2) If the Issuer is an emerging issuer and you have sold in a permitted secondary offering less than 10% of your escrow securities, your escrow securities will be released as follows: For delivery to complete the IPO All escrow securities sold by you in the permitted secondary offering On the listing date 1/10 of your original number of escrow securities less the escrow securities sold by you in the permitted secondary offering 6 months after the listing date 1/6 of your remaining escrow securities 12 months after the listing date 1/5 of your remaining escrow securities 18 months after the listing date 1/4 of your remaining escrow securities 24 months after the listing date 1/3 of your remaining escrow securities 30 months after the listing date 1/2 of your remaining escrow securities 36 months after the listing date your remaining escrow securities *In the simplest case, where there are no changes to the remaining escrow securities upon completion of the permitted secondary offering and no additional escrow securities, the release schedule outlined above results in the remaining escrow securities being released in equal tranches of 16 2/3% after completion of the release on the listing date.

  • Notice of Disposition To the extent that this Option is designated as an Incentive Option, if Shares of Common Stock acquired upon exercise of the Option are disposed of within two years following the date of grant or one year following the transfer of such Shares to the Participant upon exercise, the Participant shall, promptly following such disposition, notify the Corporation in writing of the date and terms of such disposition and provide such other information regarding the disposition as the Administrator may reasonably require.

  • Notice of Other Sale Without the written consent of the Agent, the Company will not, directly or indirectly, offer to sell, sell, contract to sell, grant any option to sell or otherwise dispose of any Common Shares or securities convertible into or exchangeable for Common Shares (other than Shares hereunder), warrants or any rights to purchase or acquire Common Shares, during the period beginning on the third Trading Day immediately prior to the date on which any Issuance Notice is delivered to the Agent hereunder and ending on the third Trading Day immediately following the Settlement Date with respect to Shares sold pursuant to such Issuance Notice; and will not directly or indirectly enter into any other “at the market” or continuous equity transaction offer to sell, sell, contract to sell, grant any option to sell or otherwise dispose of any Common Shares (other than the Shares offered pursuant to this Agreement) or securities convertible into or exchangeable for Common Shares, warrants or any rights to purchase or acquire, Common Shares prior to the termination of this Agreement; provided, however, that such restrictions will not be required in connection with the Company’s (i) issuance or sale of Common Shares, options to purchase Common Shares or Common Shares issuable upon the exercise of options or other equity awards pursuant to any employee or director share option, incentive or benefit plan, share purchase or ownership plan, long-term incentive plan, dividend reinvestment plan, inducement award under Nasdaq rules or other compensation plan of the Company or its subsidiaries, as in effect on the date of this Agreement, (ii) issuance or sale of Common Shares issuable upon exchange, conversion or redemption of securities or the exercise or vesting of warrants, options or other equity awards outstanding at the date of this Agreement, and (iii) modification of any outstanding options, warrants of any rights to purchase or acquire Common Shares.

  • Offer Notice (i) The Company shall give written notice (the “Offering Notice”) to the Sponsor stating its bona fide intention to offer the New Equity Securities and specifying the number of New Equity Securities and the material terms and conditions, including the price, pursuant to which the Company proposes to offer the New Equity Securities. (ii) The Offering Notice shall constitute the Company’s offer to sell the New Equity Securities to the Sponsor, which offer shall be irrevocable for a period of three (3) business days (the “ROFO Notice Period”).

  • ODUF Pack Rejection 6.4.1 Image Access will notify BellSouth within one (1) business day of rejected packs (via the mutually agreed medium). Packs could be rejected because of pack sequencing discrepancies or a critical edit failure on the Pack Header or Pack Trailer records (e.g., out-of-balance condition on grand totals, invalid data populated). Standard ATIS EMI error codes will be used. Image Access will not be required to return the actual rejected data to BellSouth. Rejected packs will be corrected and retransmitted to Image Access by BellSouth.

  • Not a Public Offering If you are resident outside the U.S., the grant of the Option is not intended to be a public offering of securities in your country of residence (or country of employment, if different). The Company has not submitted any registration statement, prospectus or other filings with the local securities authorities (unless otherwise required under local law), and the grant of the Option is not subject to the supervision of the local securities authorities.

  • Notice of Intended Disposition In the event any Owner of Purchased Shares in which Optionee has vested desires to accept a bona fide third-party offer for the transfer of any or all of such shares (the Purchased Shares subject to such offer to be hereinafter referred to as the "Target Shares"), Owner shall promptly (i) deliver to the Corporation written notice (the "Disposition Notice") of the terms of the offer, including the purchase price and the identity of the third-party offeror, and (ii) provide satisfactory proof that the disposition of the Target Shares to such third-party offeror would not be in contravention of the provisions set forth in Articles B and C.

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