Common use of Inserts Clause in Contracts

Inserts. Except as provided in the remainder of this Section 5.3(a), Kohl’s shall have the exclusive right to communicate with Cardholders, except for any message required by Applicable Law, through use of inserts, fillers and bangtails (collectively, “Inserts”), including Inserts selectively targeted for particular classes of Cardholders, in any and all Billing Statements, subject to Applicable Law. Bank shall give Kohl’s reasonable advance notice of any Insert required by Applicable Law. Bank shall ensure that any Insert required by Applicable Law that is distributed through the Program is consistent in form and content with the Inserts distributed to Bank’s other similarly affected credit card portfolios. Bank shall consider in good faith the suggestions and concerns of Kohl’s regarding any such Insert required by Applicable Law. All Inserts required by Applicable Law shall take precedence over any other Inserts, solely to the extent required by Applicable Law and in a manner that is consistently applied across Bank’s other similarly affected credit card portfolios. In addition, the parties agree as set forth on Schedule 5.3(a) with respect to Inserts.