Marketplace Developments; Competitiveness Clause Samples

Marketplace Developments; Competitiveness. The Bank shall use commercially reasonable efforts to ensure that the features and functionality of the Program are Competitive. On a regular basis, which shall be not less than once every six (6) months if requested by the Company, the Marketing Committee shall consider information with respect to features, terms, conditions, capabilities and other aspects of Competitive programs (to the extent publicly known) in order to identify marketplace developments for possible inclusion in the Program to ensure that the Program remains Competitive (and in connection with such consideration, the Bank shall provide information with respect to such publicly known information, including information regarding particular features, terms, conditions, capabilities, functionalities and other aspects of such Competitive programs that the Company has requested be addressed). If either Party reasonably believes that a feature, term, condition, capability so available in the marketplace would enhance Program or the Cardholder experience, upon request of such Party, the Strategic Operating Committee shall review and consider the feasibility thereof; provided that the addition of any new feature capability or functionality shall be subject to the mutual agreement of the Parties and changes to the Credit Card Agreement terms and conditions are subject to Section 4.7.