RELATIONSHIP TO ORIGINAL AGREEMENT. Once the provisions in Section 13.2 and 13.4 of the Original Agreement and 16.2 and 16.4 of the Agreement are satisfied to allow the Agreement to take effect, the Agreement shall supersede the Original Agreement upon the effective date specified in the Agreement; provided, however, this shall not eliminate any rights or obligations relating to prior actions, which shall survive the Original Agreement including, but not limited to, rights or obligations arising under the following provisions: (a) indemnification; (b) waivers of liability; (c) no agreement to jurisdiction; (d) default; (e) cost recovery; and (f) obligations upon termination by entities that terminated their participation in the Original Agreement without executing this Agreement. Notwithstanding the foregoing in this Section 3.5, the SPP and the Operating ZonesInterchange Equipment Operators shall maintain the functionality necessary to comply with the Original Agreement for a transition period after Integrated Marketplace start-up as determined by the BA Committee.
RELATIONSHIP TO ORIGINAL AGREEMENT. This Agreement replaces and supersedes the Original Agreement as of the Effective Date, and shall be deemed a continuation thereof. If any provision of this Agreement purports to be effective prior to the Effective Date it shall be deemed an amendment to the Original Agreement until such time as the Effective Date has occurred. Subject to adjustment to such charges provided for herein, all charges provided for under the Original Agreement for Production Services provided prior to the Effective Date shall be due and payable in the ordinary course. PSA 57 RCSI / First Data Confidential IN WITNESS WHEREOF, RCSI and First Data have each caused this Agreement to be signed and delivered by its duly authorized officer, all as of the Effective Date. RETAILER CREDIT SERVICES, INC. FIRST DATA RESOURCES, LLC By: /s/ Xxxxx X. Xxxxxxxxxx By: /s/ W. Gay Rich Name: Xxxxx X. Xxxxxxxxxx Name: W. Gay Rich Title: Attorney In Fact Title: Senior Vice President Date: August 19, 2009 Date: August 19, 2009 Schedule A Services FIRST AMENDED AND RESTATED PRODUCTION SERVICES AGREEMENT by and between RETAILER CREDIT SERVICES, INC. and FIRST DATA RESOURCES, LLC. Schedule A RCSI / First Data Confidential Final Execution Version TABLE OF CONTENTS 1 INTRODUCTION 1 1.1 General Introduction. 1 1.2 Definitions. 1 1.3 Days of Coverage 6 2. DATA TRANSMISSIONS 7 3. PRINT PRODUCTION SERVICES 7 3.1 Basic Production Services for Statements and Letters 7 3.2 SCS Services 9 3.3 Specific Requirements Regarding Letters 12 3.4 Print Production Services Inventory. 12 3.5 Other Print Production Services 13 4. PLASTICS PRODUCTION SERVICES 16 4.1 Basic Production Services for Embossing 16 4.2 Other Plastics Production Services 17 4.3 PayPass Plastics Services for the Meijer Program 17 4.4 Transaction Card Natural Re-Issue 18 4.5 Plastics Production Services Inventory. 19 4.6 Digital Card Print Services. 20 5. TECHNOLOGY USED TO PERFORM THE PRODUCTION SERVICES 20 5.1 Print Production Services 20 5.2 Plastics Production Services 21 6. SUPPORT SERVICES 21 6.1 Introduction 21 6.2 Perform Quality Checks and Reviews of Production Output of Transaction Cards, Letters, Statements and Other Correspondence. 21 6.3 RCSI Customer Requirements 21 6.4 Mail Tracking and Barcoding 21 6.5 POSTAGE RELATED SERVICES 22 6.6 Design Support Services 23 6.7 PROBLEM MANAGEMENT SERVICES 23 6.8 DISASTER AND BUSINESS RECOVERY 24 6.9 TRAINING 27 7. ANCILLARY SERVICES 27 7.1 Introduction 27 7.2 Ancillary Services Related to Print Prod...
RELATIONSHIP TO ORIGINAL AGREEMENT. Except as hereby amended and modified, all provisions of the Original Agreement shall remain in full force and effect, and, as hereby amended and modified, are ratified and reaffirmed. This Second Amendment shall be subject to the applicable terms and conditions of, and construed with and as an integral part of, the Original Agreement. From and after the date of this Second Amendment, all references in the Original Agreement to “this Agreement” shall be deemed to be references to the Original Agreement as amended and modified hereby.
RELATIONSHIP TO ORIGINAL AGREEMENT. The Parties hereby ratify, confirm and reconfirm the Original Agreement as continuing in full force and effect in accordance with its terms except as specifically amended pursuant to this Amendment. The Parties agree that, to their respective knowledge, neither Party is in default under the Original Agreement, and there has been full compliance with the Original Agreement to date. From and after the execution and delivery of this Amendment, the Original Agreement shall be read and construed as amended hereby and the Original Agreement and this Amendment shall constitute one integrated document.
RELATIONSHIP TO ORIGINAL AGREEMENT. The purpose of this Amendment No. 3 is to further amend the Original Agreement as herein provided. However, the parties reaffirm the Original Agreement in all respects, and it shall remain in full force and effect except as amended by this Amendment No. 3. If there is a conflict between the Original Agreement and this Amendment No. 3, this Amendment No. 3 shall prevail. Capitalized terms used in this Amendment No. 3 have the same meaning as provided in the Original Agreement, except as otherwise provided in the Recitals to this Amendment No. 3.
RELATIONSHIP TO ORIGINAL AGREEMENT. This Agreement supersedes and replaces the Original Agreement in its entirety, and Grantee hereby waives any and all rights set forth in the Original Agreement. Grantee agrees and acknowledges that the Merger was not a Change in Control for purposes of the vesting of Common Stock issued in the Original Agreement.
