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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 />I <br /> <br />13.3 We may terminate the Electronic Check Service only in the manner and <br />on the same basis as we may terminate the Agreement early. For <br />example, should the ratio of disputed or Reversed POS Transactions <br />compared to overall transactions exceed the Charge back ratio provided in <br />the Agreement, we may terminate either or both this Addendum or the <br />Agreement early. Early termination in accordance with the Agreement <br />may include immediate cessation ofPOS Transactions processing. <br /> <br />14. Compliance <br /> <br />14.1 You agree to comply with all applicable laws, rules and regulations, <br />including without limitation, Federal Reserve Board Regulation E, the <br />Visa Rules and the NACHA Rules. We may from time to time establish <br />reasonable rules, regulations, procedures or guidelines with respect to the <br />Electronic Check Service, and the same will be binding on you on the <br />date provided in the notice, which will be at least 15 days after the notice <br />is provided to you. <br /> <br />14.2 You will keep both the information received in connection with and <br />records of POS Transactions, as well as information respecting <br />Consumers, in a confidential and secure manner as is required of Charge <br />records and Cardholder information in the Agreement. <br /> <br />"~I <br /> <br />15. Indemnity/Limited Liability/Force Majeure <br /> <br />For as long as this Addendum is in effect, your indemnification of us, our limit <br />ofliability to you and either party's claim that its delay in performance is <br />excused due to a cause beyond its control are governed by the provisions of <br />the Agreement as if the term "POS Transaction" is substituted in those <br />provisions for the term "Charge." <br /> <br />11 <br /> <br />
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