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Res 2006-035
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Res 2006-035
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Last modified
8/2/2006 10:34:15 AM
Creation date
8/2/2006 10:18:33 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-35
Date
2/21/2006
Volume Book
166
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<br />charge as set forth in our schedule of fees and charges. You have no right to defer any <br /> <br />payment due on any Card Account. <br /> <br />Unless otherwise agreed by us, payments must be made using an ACH service. As <br />specified by you, we may initiate ACH debits to any deposit account at any financial <br />institution. All payments must include the complete Card Account number in order to be <br />processed and for you to be credited with making payment. If you arrange for direct <br />payment by Cardholders, such an arrangement will not change your responsibilities <br />under this Booklet, including your obligation for payment. <br /> <br />You grant to us a security interest and contractual right of setoff in and to all deposits <br />now or subsequently maintained with us or any of our affiliates or Subsidiaries. In <br />connection with that grant, you authorize us to enter into a master control agreement <br />with our affiliates authorizing, upon the occurrence and continuance of any default, the <br />disposition of any such deposits to satisfy all liabilities incurred in connection with <br />these Services, without your further consent. The grant of this security interest shall <br />survive termination of these Services. <br /> <br />LOST OR STOLEN CARDS; UNAUTHORIZED USE <br />In the event of a possible loss or theft of a Card, Convenience Check or Card Account <br />or possible Unauthorized Use, you will give us notice by telephone or telefax to the <br />numbers set forth in the User Documentation. You agree to give us this notice as soon as <br />practicable but in any event within 24 hours after discovery of the known or suspected <br />loss or theft or Unauthorized Use. If notice as provided in this paragraph is given within <br />the first 24 hours and you assist us in investigating facts and circumstances relating to <br />the loss, theft or possible Unauthorized Use, including without limitation obtaining an <br />affidavit or similar written, signed statement from the Cardholder, then you will not be <br />liable for Transactions resulting from Unauthorized Use. If we have issued fewer than ten <br />Card Accounts to you, your liability for Transactions by a person who does not have actual, <br />implied or apparent authority to use the Card or Convenience Check and whose use does <br />not result in a direct or indirect benefit to you will not exceed $50 on each Card. <br /> <br />LICENSE TO USE YOUR MARKS <br />Upon your request, we may place your trademark, tradename, service mark and/or <br />designs ("Company's Marks") on the Cards and collateral materials. You will provide the <br />graphics to us in sufficient time to allow for review and approval by us and, if necessary, <br />the respective card association. You grant to us a non-exclusive license to use, during <br />the term of the Services, Company's Marks on the Cards and on other materials related <br />to the Card Accounts. Your indemnity under the "Protection from Third Parties" section of <br />this Booklet covers any claim that the use of any Company Marks infringes the <br />intellectual property right of any third party. <br /> <br />EXTENSION OF CORPORATE CARD SERVICES TO AFFILIATES <br />Upon your request and submission of a Participant Account form, we may approve one <br />or more affiliates of which you are majority owner for participation in the Corporate Card <br />Services. Each participating affiliate will have the same rights and obligations as you <br /> <br />. <br />1 <br /> <br />, <br /> <br />ml <br />
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