Application of Certain Terms Clause Samples
The "Application of Certain Terms" clause defines how specific terms or provisions within a contract are to be interpreted and applied throughout the agreement. Typically, this clause clarifies which sections, definitions, or conditions are relevant to particular parts of the contract, and may specify when and to whom these terms apply. For example, it might state that certain obligations only pertain to one party or only under certain circumstances. The core function of this clause is to ensure clarity and prevent misunderstandings by explicitly outlining the scope and relevance of key contractual terms.
Application of Certain Terms. For the sake of clarity and notwithstanding any provision of this Agreement to the contrary, in the event and to the extent any activity occurs under or in connection with this Agreement or the provision of any Service that involves or relates to any Card Brand of which Bank is not a member or APM that does not directly involve Bank: (i) the term “Servicer”, as it relates to any such activity or Service, refers solely and exclusively to Nuvei; (ii) Merchant will look only to Nuvei for the performance of such Services and Servicer-related obligations; and (iii) Merchant hereby releases Bank from any obligation, and irrevocably waives any right, claim or cause of action Merchant may have against Bank, in connection with or arising under any provision of this Agreement that relates to such activity or Service.
Application of Certain Terms and Provisions to the Guarantor. 60