Common use of Bank’s Responsibilities Clause in Contracts

Bank’s Responsibilities. During the Term of this Agreement, Bank's responsibilities in conducting the Program include the following:Extend commercial credit to qualified customers of LESCO under the Prox Terms, the Net Invoice Terms, or the BRC Terms in accordance with this Agreement and the Accountholder Agreements; provided, that during the Interim Transition Period, such terms shall be modified as otherwise set forth herein. (a) Except as set forth in Section 1.3, establish (and modify from time to time in its discretion) Accountholder finance charge rates and other fees and Account terms. (b) Except as set forth in Section 1.3, develop, produce and deliver to LESCO at a central location, Bank's credit applications and Accountholder Agreements and other standard Program materials. (c) Produce and, as applicable, distribute Credit Cards and Credit Card carriers in accordance with a design provided by LESCO that meets Bank's specifications. In connection with the foregoing, LESCO acknowledges and agrees that Bank will not distribute Credit Cards to the holders of Existing Accounts unless such Accountholders so request; provided however, that Bank shall, as part of its introductory materials sent to Accountholders following the expiration of the Interim Transition Period (and thereafter as part of its customer service scripts), make the Accountholder aware that Bank can furnish a Credit Card (or Credit Cards, if applicable) to such Accountholder upon request. All Accountholders opening Accounts after the Program Commencement Date shall be provided a Credit Card. With respect to any Accountholder for which no Credit Card was issued, the parties shall utilize the alternative identification, verification, and authorization mechanism provided for in the Operating Procedures in connection with all Charge Transaction Data. (d) Establish (and modify from time to time in its discretion) the credit criteria used to evaluate applications for Accountholder Agreements. (e) Assign (and modify from time to time in its discretion) credit lines, authorize charges, and service Accounts (the foregoing services shall be provided, at a minimum, during LESCO's ordinary course operating hours as of the Program Commencement Date). (f) Except as set forth in Section 1.3, prepare and mail periodic billing statements to Accountholders with Active Accounts. (g) Provide toll-free numbers for customer inquiries and inquiries from Service Centers(R) and provide operators for such numbers, at a minimum, during LESCO's ordinary course operating hours (as of the Program Commencement Date such hours are 7:00 a.m. (est) through 8:00 p.m. (est) Monday through Friday and 8:00 a.m. (est) through 3:00 p.m. (est) on Saturday; provided, that Bank shall not unreasonably decline to provide operators for any reasonable change in LESCO's ordinary course operating hours), and; at the conclusion of the Interim Transition Period, provide automated voice response capacity at all other times. (h) Receive and post payments, collect Accounts, and take all further actions Bank deems necessary or appropriate in connection with Account administration. (i) Ensure that all Accountholder Agreements, billing statements and solicitations conducted by Bank, and all of Bank's activities in originating and administering Accounts, comply with all applicable laws; provided, that Bank shall have no responsibility for the form of LESCO's billing statements or the terms and conditions of credit advanced by LESCO to the extent adopted by Bank during the Interim Transition Period. (j) As of the expiration of the Interim Transition Period, Bank will initiate the development of an Internet website for the Program through which Account and Program information may be accessed by LESCO and Accountholders; provided that LESCO acknowledges that Bank's ability to make such site available is dependent upon the commercially reasonable assistance of LESCO (including the provision information requested by Bank) and LESCO agrees to provide such assistance upon request by Bank. Following the launch of such Internet website, Bank will use its commercially reasonable efforts to ensure that such website may be accessed and is available to LESCO and Accountholders at any time.

Bank’s Responsibilities. During the Term of this AgreementTerm, Bank's ’s responsibilities in conducting the Program include the following: (a) Extend commercial consumer credit to qualified customers of LESCO under the Prox Terms, the Net Invoice Terms, or the BRC Terms Retailer in accordance with this Agreement and the Accountholder Cardholder Agreements; provided, that during the Interim Transition Period, such terms shall be modified as otherwise set forth herein. (ab) Except as As more fully set forth in Section 1.36.3, establish (and modify from time to time in its discretion) Accountholder Cardholder finance charge rates and other fees and Account terms. (bc) Except as set forth in Section 1.3, developDevelop, produce and deliver to LESCO Retailer at a central location, Bank's ’s credit applications and Accountholder Cardholder Agreements and other standard Program materials. (cd) Produce and, as applicable, and distribute Credit Cards and Credit Card carriers in accordance with a design provided by LESCO Retailer that meets Bank's ’s specifications. In connection with the foregoing, LESCO acknowledges and agrees that Bank will not distribute Credit Cards to the holders of Existing Accounts unless such Accountholders so request; provided however, that Bank shall, as part of its introductory materials sent to Accountholders following the expiration of the Interim Transition Period (and thereafter as part of its customer service scripts), make the Accountholder aware that Bank can furnish a Credit Card (or Credit Cards, if applicable) to such Accountholder upon request. All Accountholders opening Accounts after the Program Commencement Date shall be provided a Credit Card. With respect to any Accountholder for which no Credit Card was issued, the parties shall utilize the alternative identification, verification, and authorization mechanism provided for in the Operating Procedures in connection with all Charge Transaction Data. (de) Establish (and modify from time to time in its discretion, taking into account the provisions of Section 6.4) the credit criteria used to evaluate applications for Accountholder Cardholder Agreements. (ef) Assign (and modify from time to time in its discretion) credit lines, authorize charges, and service Accounts (the foregoing services shall be provided, at a minimum, during LESCO's ordinary course operating hours as of the Program Commencement Date)Accounts. (fg) Except as set forth in Section 1.3, prepare Prepare and mail periodic billing statements to Accountholders Cardholders with Active Accounts. (gh) Provide toll-free numbers for customer inquiries and inquiries from Service Centers(R) Retailer assistance and provide operators for such numbers, at a minimum, during LESCO's ordinary course operating hours (as of the Program Commencement Date such hours are 7:00 a.m. (est) through 8:00 p.m. (est) Monday through Friday and 8:00 a.m. (est) through 3:00 p.m. (est) on Saturday; provided, that Bank shall not unreasonably decline to provide operators for any reasonable change in LESCO's ordinary course operating hours), and; at the conclusion of the Interim Transition Period, provide automated voice response capacity at all other timesinquiries. (hi) Receive and post payments, collect Accounts, and take all further actions Bank deems necessary or appropriate in connection with Account administration. (ij) Ensure that all Accountholder Cardholder Agreements, billing statements and solicitations conducted by Bank, and all of Bank's ’s activities in originating and administering Accounts, comply with all applicable laws; . (k) Provide Retailer with an interface and format for establishing a connection for the purpose of transmitting Charge Transaction Data and applications. (l) Subject to (i) Retailer’s ability to provide corresponding functionality (the parameters of which Bank shall communicate to Retailer), (ii) applicable law, rule or regulation, and (iii) the continuation of acceptable acceptance levels of pre-approved credit offers (as determined by Bank), provide Bank’s QuickScreen™ pre-approved credit process for Telephone Purchases from Retailer (provided, that Bank shall have no responsibility for the form of LESCO's billing statements or the terms and conditions of may cease offering Quickscreen™ pre-approved credit advanced by LESCO to the extent adopted by Bank during the Interim Transition Period. (j) As of the expiration of the Interim Transition Period, Bank will initiate the development of an Internet website for the Program through which Account and Program information may be accessed by LESCO and Accountholders; provided that LESCO acknowledges that Bank's ability to make such site available is dependent upon the commercially reasonable assistance of LESCO (including the provision information requested by Bank) and LESCO agrees to provide such assistance upon request by Bank. Following the launch of such Internet website, Bank will use its commercially reasonable efforts to ensure that such website may be accessed and is available to LESCO and Accountholders functionality at any timetime it ceases to offer such functionality generally).

Bank’s Responsibilities. During the Term Term, Bank’s responsibilities in conducting the Program, subject to and in accordance with the terms of this Agreement, Bank's responsibilities in conducting the Program include the following: (a) Extend commercial consumer credit to qualified customers of LESCO under the Prox Terms, the Net Invoice Terms, or the BRC Terms Retailer in accordance with this Agreement and the Accountholder Cardholder Agreements; provided, that during the Interim Transition Period, such terms shall be modified as otherwise set forth herein. (ab) Except as set forth in Subject to the terms of Section 1.36.3, establish (and modify from time to time in its discretion) Accountholder Cardholder finance charge rates and other fees and Account terms. (bc) Except as set forth in Section 1.3, developDevelop, produce and deliver to LESCO Retailer at a central location, Bank's ’s credit applications and Accountholder Cardholder Agreements and other standard Program materials. (cd) Produce and, as applicable, and distribute Credit Cards and Credit Card carriers in accordance with a the design provided by LESCO Retailer to Bank prior to the date hereof or in accordance with a revised design provided by Retailer; provided, that meets if Retailer does not provide Bank at least 180 days prior written notice of such revised design, Retailer will reimburse Bank for Bank's specifications. In connection ’s costs of any remaining Credit Card plastic and carriers with the foregoing, LESCO acknowledges and agrees that Bank will not distribute Credit Cards old design to the holders extent that such plastic and carriers would have been consumed had Retailer provided Bank 180 days prior notice of Existing Accounts unless such Accountholders so requestthe revised design; and, provided howeverfurther, that Bank shall, as part if Retailer requests the re-issuance of its introductory materials sent to Accountholders following the expiration of the Interim Transition Period (and thereafter as part of its customer service scripts), make the Accountholder aware that Bank can furnish a Credit Card (or any Credit Cards, if applicable) to Retailer will reimburse Bank for Bank’s out-of-pocket costs of plastic used in the production of such Accountholder upon request. All Accountholders opening Accounts after the Program Commencement Date shall be provided a Credit Card. With respect to any Accountholder for which no Credit Card was issued, the parties shall utilize the alternative identification, verification, re-issuance requested by Retailer and authorization mechanism provided for in the Operating Procedures in connection all other out-of-pocket costs associated with all Charge Transaction Dataany such re-issue. (de) Establish (and modify from time to time in its discretion) the credit criteria used to evaluate applications for Accountholder Cardholder Agreements. (ef) Assign (and modify from time to time in its discretion) credit lines, authorize charges, and service Accounts (the foregoing services shall be provided, at a minimum, during LESCO's ordinary course operating hours as of the Program Commencement Date)Accounts. (fg) Except as set forth in Section 1.3, prepare Prepare and mail periodic billing statements to Accountholders Cardholders with Active Accounts. (gh) Provide a dedicated toll-free numbers number for Retailer and Authorized Dealer customer inquiries and inquiries from Service Centers(R) and provide operators for such numbers, at a minimum, during LESCO's ordinary course operating hours (as of the Program Commencement Date such hours are 7:00 a.m. (est) through 8:00 p.m. (est) Monday through Friday and 8:00 a.m. (est) through 3:00 p.m. (est) on Saturday; provided, that Bank shall not unreasonably decline to provide operators for any reasonable change in LESCO's ordinary course operating hours), and; at the conclusion of the Interim Transition Period, provide automated voice response capacity at all other timesstore inquiries. (hi) Receive and post payments, collect Accounts, and take all further actions Bank deems necessary or appropriate in connection with Account administration. (ij) Ensure Perform its responsibilities under this Agreement and the Program in accordance with Applicable Laws, including ensuring that all Accountholder Cardholder Agreements, billing statements and solicitations conducted by Bank, and all of Bank's ’s activities in originating and administering Accounts, comply with all applicable laws; provided, that Bank shall have no responsibility for the form of LESCO's billing statements or the terms and conditions of credit advanced by LESCO to the extent adopted by Bank during the Interim Transition PeriodApplicable Laws. (jk) As In the event that, contrary to the intent of the expiration of parties, Cardholders contact Retailer with disputes, cooperate in the Interim Transition Period, Bank will initiate the development of an Internet website for the Program through which Account and Program information may be accessed by LESCO and Accountholders; provided that LESCO acknowledges that Bank's ability to make such site available is dependent upon the commercially reasonable assistance of LESCO (including the provision information requested by Bank) and LESCO agrees to provide such assistance upon request by Bank. Following the launch resolution of such Internet websitedisputes; respond within twenty (20) days to any dispute forwarded to Bank from Retailer, and forward to Retailer any information necessary for Retailer to investigate or resolve any dispute, subject to Applicable Laws preventing Bank will use its commercially reasonable efforts from forwarding any such information. (l) Provide training to ensure that such website may be accessed and is available to LESCO and Accountholders Retailer’s personnel at any timemutually agreeable times.