Common use of Successors and Assigns; Third Party Beneficiary Clause in Contracts

Successors and Assigns; Third Party Beneficiary. This Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, successors and assigns. Neither party may assign its interest under this Agreement without the prior written consent of the other. The parties hereby agree that the ODFI with respect to any Entry, including Zion’s First National Bank, a Utah state bank, shall have the right as a third‐party beneficiary, in the event of a default under this Agreement or the agreement between Xpress and the ODFI, to enforce this Agreement directly and independently against Customer including the enforcement of Customer’s liability to the ODFI as an originator under the Rules and Regulations.

Successors and Assigns; Third Party Beneficiary. This Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, successors and assigns. Neither party may assign its interest under this Agreement without the prior written consent of the other. The parties hereby agree that the ODFI with respect to any Entry, including Zion’s First National Bank, a Utah state bank, shall have the right as a third‐party third-party beneficiary, in the event of a default under this Agreement or the agreement between Xpress and the ODFI, to enforce this Agreement directly and independently against Customer including the enforcement of Customer’s liability to the ODFI as an originator under the Rules and Regulations.