STARCOM Sample Clauses

STARCOM. Financial System - Five Year Variable Agreement NCR NEW ENGLAND DPC may increase the rates specified in this agreement provided that not less than ninety (90) days written notice shall be given to the customer before the effective date of the increase. If the increase exceeds 9% in any calendar year, the customer may terminate this agreement without any termination charge on the effective date of the increase with thirty (30) days written notice to NCR New England DPC. In the event that the customer terminates this agreement after the date of the order, whether prior to or after certification, NCR New England DPC shall be entitled to retain any deposit previously paid by and/or due from the customer, any charges due for the initial conversion and masterfile set-up, all discounts applicable with this contract, and in lieu of other damages actually incurred, the termination charges listed below: Eighty percent (80%) of the average monthly billing for the most recent three month period times the number of months remaining under the term of this agreement Termination charges are billable when cancellation notification is received by NCR and payable within 30 days. When the term of the Data Processing Agreement or any renewal term thereof expires, the Agreement shall renew automatically for a term equal to the expiring term unless Customer provides to NCR New England DPC, at least one hundred eighty (180) days prior to the scheduled expiration date, written notification of termination for each processing application and software license covered by the Agreement. If a shorter renewal term is desired, written notice must be provided to NCR New England DPC not less than one hundred eighty (180) days prior to the scheduled expiration date of the current term. Should the renewal term be less than three years, the customer may be subject to the then current highest rate plus the following surcharge: TERM SURCHARGE 2 Years 10% 1 Year 15% Monthly* 25% *Monthly terms are not eligible for volume discounts. In the event that the customer elects for an early termination of this agreement, all discounts provided to the customer for the remainder of their billing will cease. Customer agrees to refund to NCR New England DPC all discounts provided during this contract term, from the date of this agreement until the time of the early termination. All other standard early termination charges will be incurred by the bank. All costs relating to the deconversion (i.e. programming, ...
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