Common use of Systems Changes Clause in Contracts

Systems Changes. (a) Servicer shall not implement any changes, deletions, or additions to the Servicer System that (i) may reasonably be expected to have a material adverse effect on the Services, Bank’s or Cardholder’s use of the Services, Bank, Bank Clients or the Bank operating environment, or (ii) would require Bank or any Bank Client to make material changes to its or their systems to either (A) continue receiving or using the Services, or (B) receive and transmit information to and from Servicer, without first providing Bank with at least ninety (90) days’ prior written notice (or if such prior notice is not possible, the maximum possible prior written notice) and obtaining Bank’s written consent prior to the implementation of any such actions. (b) The foregoing notwithstanding, Servicer may make temporary changes required by an emergency, subject to its obligations under this Agreement. Servicer shall document and promptly report such emergency changes to Bank. Servicer shall, as requested by Bank, provide support for changes to Bank’s systems and procedures, if any, necessitated by changes in the Servicer System. In all cases Servicer shall use commercially reasonable efforts to ensure that no changes are introduced into the Servicer System which may materially adversely affect the ability of Servicer to deliver and Bank to receive the Services. (c) Servicer shall provide to Bank operational bulletins concerning the Services and the operation and use of the Servicer System no later than it makes such bulletins available to its other customers. These operational bulletins shall: provide advance notice regarding upcoming enhancements to the Servicer System and changes and additions to the services offered by Servicer; be produced on a regular basis and provide implementation dates, features, benefits and specific directions on where to locate more detailed information; and (iii) be included in updates to other Documentation (including user manuals and/or new user manuals).