Release and Settlement AgreementSettlement Agreement • August 1st, 2008 • Mastercard Inc • Services-business services, nec • New York
SECOND AMENDMENT TO AMENDED AND RESTATED CUSTOMER BUSINESS AGREEMENTCustomer Business Agreement • August 1st, 2008 • Mastercard Inc • Services-business services, nec
This Second Amendment (the “Second Amendment”) is made to that certain Amended and Restated Customer Business Agreement made as of December 27, 2006 (as previously amended, the “Agreement”), by and between MasterCard International Incorporated (together with its Affiliates, “MasterCard”) and Bank of America, N.A. (together with its Affiliates, “BAC”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in the Agreement. Except as expressly modified herein, all terms of the Agreement shall remain in full force and effect as stated in the Agreement and, in the event of a conflict between the terms of this Second Amendment and the Agreement, the terms of this Second Amendment shall govern.
JUDGMENT SHARING AGREEMENT BETWEEN MASTERCARD AND VISA IN THE DISCOVER LITIGATIONJudgment Sharing Agreement • August 1st, 2008 • Mastercard Inc • Services-business services, nec • Delaware
This Judgment Sharing Agreement (the “Agreement”) between MasterCard and Visa in the Discover Litigation is made, as of July 29, 2008 (the “Effective Date”), between Visa Inc. and MasterCard Incorporated (the “Parties,” and each a “Party”). The Parties seek through this Agreement to provide for the apportionment of certain costs and liabilities, as described herein, which they may incur jointly and/or severally in the event of an adverse judgment, or settlement or settlements, in Discover Financial Services v. Visa U.S.A. Inc., Case No. 04-CV-07844 (S.D.N.Y.) (the “Litigation”). In consideration of the mutual covenants and agreements contained herein, the Parties hereby agree as follows:
