Common use of Notices; Consents Clause in Contracts

Notices; Consents. a. Any statement, notice, request, demand, claims, consents, waivers, approvals and other communications required or permitted under the Card Program Documents or in connection with Accounts or Card Products (collectively, “Notices”) must be in writing, unless the Card Program Documents provide otherwise. b. Unless otherwise specified in the Card Program Documents, Notices may be delivered personally, by email, by First Class U.S. mail, or by a nationally recognized courier service. Notice is deemed effective: i. If delivered personally or by courier, on (1) the day of delivery, if delivered on a Business Day before 5:00 p.m. local time in the place of delivery, or (2) the Business Day immediately following such day, if delivered after such time; ii. if mailed, on the earlier of (1) (A) the day the recipient actually receives the Notice, if received on a Business Day before 5:00 p.m. local time in the place of receipt or (B) the Business Day immediately following such day, if received after such time; or (2) two Business Days after mailing, as evidenced by the postmark; or iii. if delivered by email, on (1) the Business Day the sender sends the email message, if sent before 5:00 p.m. local time in the place of receipt, or (2) the Business Day immediately following such day, if sent after such time; provided that if Client is the sender, it must confirm the email by delivering a copy by mail or courier in accordance with this Section within two Business Days after transmission. c. Notwithstanding any other timeframes in the Agreement, Bank shall have a Reasonable Time to Act upon any Notice or Instruction it receives from or on behalf of Client. Bank may rely on any oral Notice or Instruction from Client, whether or not Client confirms it, and Bank’s records of the oral Notice or Instruction control. d. Any Notice to Client shall be sent to the current address according to Bank’s records. Bank shall be deemed to have sent, and Client shall be deemed to have received, any email sent to the email address that Client provides to Bank, regardless of whether Client actually receives, views, or prints such email and even if Bank has notice that the email was undeliverable. A Notice to Client will be effective if Bank sends such Notice to any mail or email address of a Card Program Administrator. e. Bank may provide Notices to Client as Electronic Records by: (i) email; (ii) posting to a Website; (iii) displaying to Client or a Card Program Administrator during sessions on a Website or otherwise; or (iv) any other electronic means. Communications with Client regarding operational, product-related, procedural, and technical matters relating to Accounts and Card Products may be provided orally and not subject to the Notice requirements of this Section. “Electronic Records” means information that is created, generated, sent, communicated, received, or stored by electronic means and is retrievable in perceivable form.