Personnel, Features and Technology. (a) In order to establish and operate a competitive Program, Bank shall at its own expense use commercially reasonable efforts to: (i) provide a team of key management personnel (including the personnel set forth on Exhibit 2.1(d)) to operate the Program in accordance with this Agreement with the levels of competence, experience and expertise at least equal in the aggregate to those provided by Bank to Bank's other major private label credit card and co-branded bankcard programs; (ii) make available features and employ technology in support of the Program at the same time that Bank makes such features available to and employs such technology for Bank's other private label credit card and co-branded bankcard programs, except where unable to do so because of the proprietary rights of others, doing so is commercially unreasonable or Company is unable to test such technology before, or to employ such technology upon, its implementation; and (iii) make available features and employ technology in support of the Program that in aggregate are on par with the Competition Programs as provided in Exhibit 3.2(a). This shall not apply to any software comparable to that described in the Gateway Software Licensing Agreement (as such term is defined in the Purchase and Sale Agreement) that Bank develops for or with a Competition Program.
Personnel, Features and Technology. In order to establish and operate a competitive private label credit card program, Bank shall: (i) provide a team of key management personnel (including the personnel set forth on Exhibit AA) to operate the Program in accordance with this Agreement with the levels of competence, experience and expertise at least equal in the aggregate to those provided by Bank to Bank’s other major private label credit card programs; (ii) make available features and employ technology in support of the Program at the same time that Bank makes such features available to and employs such technology for Bank’s other private label credit card programs (except where unable to do so because of the proprietary rights of others); and (iii) make available features and employ technology in connection with the Program which are, in the aggregate, at least equal to the features provided and the technology employed by other leading private label credit card programs. Notwithstanding anything to the contrary in this Agreement, effective as of the Second Effective Date, Bank’s key management personnel for the Program shall be as set forth in Schedule 3.2(a).
Personnel, Features and Technology. In order to operate a competitive credit program, Bank shall: (i) provide a team of dedicated key management personnel as set forth on Schedule 2.1(d) (Program Resource Requirements) to operate the Program in accordance with this Agreement with the levels of competence, experience and expertise at least equal in the aggregate to those provided by Bank to Bank’s other major credit card programs; (ii) make available features and employ technology in support of the Program within a reasonable time after Bank makes such features available to and employs such technology for Bank’s other similar credit card programs (except where unable to do so because of the proprietary rights of others); and (iii) make available features and employ technology in connection with the Program which are, in the aggregate, at least equal to the features provided and the technology employed by other leading similar credit card programs. JCPenney shall have the right to interview the Bank Managers, and provide feedback with respect to their role with the Program, to the extent provided in Schedule 2.1(d) (Program Resource Requirements).
