Delivery; Automation of Merchant Data Sample Clauses

Delivery; Automation of Merchant Data. Merchant shall deliver the Merchant Data electronically on the frequency and in the format agreed upon by the Parties and specified in Exhibit A. Merchant understands and agrees that in order to automate the provision of Merchant Data to Banyan, Merchant may need to create, develop, and/or implement certain automated procedures or processes (including, without limitation, certain software), at Merchant’s sole cost and expense. Notwithstanding the foregoing, Banyan may, but is under no obligation to, make available to Merchant, via the Banyan Portal, certain manuals, guides, information sheets, or other documentation intended to facilitate Merchant’s implementation of such procedures or processes (the “Banyan Implementation Documentation”). Merchant’s right to use the Banyan Implementation Documentation shall be limited as set forth in the Terms of Use and this Agreement. Use of the Banyan Implementation Documentation is solely at Merchant’s own risk. Merchant agrees that the Banyan Implementation Documentation constitutes Banyan’s Confidential Information. Merchant understands and agrees that the Banyan Systems may change, be altered or otherwise be updated from time to time during the Term by Banyan or its service providers (in its or their sole discretion) and that Banyan shall not have any liability whatsoever resulting from any such changes, alterations, or modifications even if such changes, alterations, or modifications require Merchant to update its automated procedures or processes or related software (including in any manner not described in the Banyan Implementation Documentation) in order to continue to provide the Merchant Data to Banyan, which shall be at Merchant’s sole cost and expense.
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