Common use of Mobile Technology Clause in Contracts

Mobile Technology. (a) Subject to Section 3.4 and Section 3.5, in the event Company shall determine it would be beneficial for the Credit Cards to participate in one or more mobile payments initiatives used in Company Channels, whether operated by Bank, Company or third parties, Bank shall use commercially reasonable efforts to facilitate the participation of the Credit Cards in such mobile payments initiatives. (b) Subject to Section 3.4 and Section 3.5, Company and Bank shall mutually determine whether and on what terms (including with respect to costs and expenses) the Co-Branded Credit Cards shall participate in one or more mobile payments initiatives, whether operated by Bank, Company or third parties, when used outside of Company Channels. Any proposal by a party to have the Co-Branded Credit Cards participate in a mobile payments initiative shall be considered by the other party in good faith and such party’s consent shall not be unreasonably conditioned, withheld or delayed. Notwithstanding the foregoing, the parties acknowledge that Cardholders may be able to elect to have their Credit Cards participate in a mobile payments initiative without Company’s or Bank’s consent. (c) Subject to the foregoing provisions of this Section 2.6, nothing in this Agreement shall require or restrict the participation of Company Channels in any mobile payments initiative, which shall be in Company’s sole discretion.