REFUSAL BY A MERCHANT Sample Clauses

REFUSAL BY A MERCHANT. The Bank, its successors and assigns shall not be held liable in the event that your Card or one of your cheques is not honoured or if you cannot otherwise use your Account. You must settle any transaction-related claim or dispute directly with the merchant. The Bank must credit the Account as soon as it receives a credit note from the merchant. If the Bank has not received a credit note when preparing the statement of account, you must pay the balance appearing on the statement in accordance with this Agreement. However, you may contact the Bank to discuss a dispute regarding a Debt on your monthly statement of account. In consideration of the Bank crediting the Account in respect of any and all disputed claims, and you acknowledge that the Bank has no legal obligation to do so, you sell, assign and transfer your rights to the Bank, and subrogate the Bank in your rights in relation to any and all disputed claims with respect to the Account. For the purposes of this article, “Disputed Claim” means any right, claim, demand or other interest (including all rights of action accrued or which may accrue) that you have or may have, now or in the future, to be reimbursed for or otherwise recover all or part of the amount of any purchased good or service by or from any person, entity, board, official, fund or other source (the “Merchant”) arising out of a disputed transaction, whenever the Bank credits the Account for any amount related to the disputed transaction. "Disputed Claim" does not include any claim you may have against a Merchant other than those that relate strictly to a disputed transaction, and excludes, without limitation, claims for:
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REFUSAL BY A MERCHANT. The Bank shall not be held liable in the event that the Card is not accepted, if a Visa Cheque is not honoured, or if the Authorized User cannot otherwise use its Card. The Authorized User must settle any transaction-related claim or dispute directly with the Merchant. The Bank must credit the Account as soon as it receives a credit note from the Merchant. If the Bank has not received a credit note when preparing the Account Statement, the Account Holder must pay the balance appearing on the Account Statement in accordance with this Agreement. The Account Holder may, however, contact the Bank to discuss a dispute regarding an entry in its Account Statement. In consideration of the Bank crediting the Account with regard to any and all Disputed Claims, and acknowledging that the Bank has no legal obligation to do so, the Account Holder sells, assigns and transfers to the Bank (and its successors and assigns) all its rights, and subrogates to the Bank (and its successors and assigns) all its rights to any and all Disputed Claims with respect to the Account. For the purposes of this article, “Disputed Claim” refers to any and all right, claim, demand or other interest (including any cause of action acquired or which may be acquired) that the Account Holder has or may have, now or in the future, to be reimbursed for or otherwise recover all or part of the amount of any Purchase by or from any person, entity, board, agency, fund or other source (the “Merchant”) resulting from any disputed transaction, when the Bank credits the Account for any amount related to the disputed transaction. A “Disputed Claim” does not include all claims the Account Holder and/or Authorized User may have against a Merchant other than those that relate strictly to a disputed transaction, and excludes, without limitation, any negligence claim (whether resulting from personal or property damage, and whether based on strict product liability, negligence, negligent misrepresentation or omission), contract claims (whether based on breach of express or implied warranty), claims for breach of any federal, provincial, municipal or foreign legislation (including consumer protection laws), and claims for penalties, punitive damages, exemplary damages or any claims for damages in excess of the amount of the disputed transaction. The Account Holder and/or Authorized User agree to fully co-operate with the Bank, its successors and assigns, in pursuance of any claim or suit in connection with any Di...
REFUSAL BY A MERCHANT. The credit card may be used everywhere it is accepted. We are not responsible if a merchant refuses the credit card.
REFUSAL BY A MERCHANT. The Bank, its successors and assigns shall not be held liable in the event that Your Card is not honoured or if You cannot otherwise use the Account. You must settle any transaction-related claim or dispute directly with the merchant. The Bank must credit the Account as soon as it receives a credit note from the merchant. If the Bank has not received a credit note when preparing the statement of account, You must pay the Balance appearing on the statement in accordance with this Agreement. However, You may contact the Bank to discuss a dispute regarding a Debt on Your statement of account. In consideration of the Bank crediting the Account in respect of any and all disputed claims, and You acknowledge that the Bank has no legal obligation to do so, You sell, assign and transfer Your rights to the Bank, and subrogate the Bank in Your rights in relation to any and all disputed claims with respect to the Account.

Related to REFUSAL BY A MERCHANT

  • Suspension upon Concessionaire Default Upon occurrence of a Concessionaire Default, the Authority shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (i) suspend all rights of the Concessionaire under this Agreement including the Concessionaire's right to collect charge(s), and other revenues pursuant hereto, and (ii) exercise such rights itself and perform the obligations hereunder or authorise any other person to exercise or perform the same on its behalf during such suspension (the "Suspension"). Suspension hereunder shall be effective forthwith upon issue of notice by the Authority to the Concessionaire and may extend up to a period not exceeding 180 (one hundred and eighty) days from the date of issue of such notice; provided that upon written request from the Concessionaire and the Lenders’ Representative, the Authority shall extend the aforesaid period of 180 (one hundred and eighty) days by a further period not exceeding 90 (ninety) days.

  • Termination for Concessionaire Default 37.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:

  • First Offense The participant will not participate in the next contests/events, beginning with the first contest/event in which he/she would participate after determination that an infraction has occurred, equal to 20% of the number of regular scheduled contests/events. The participant will also be referred to the Centerville High School Crisis Intervention Counselor or their Middle School Guidance Counselor. The participant will be permitted to practice during the time period of his/her co- curricular suspension. The participant’s reinstatement and eligibility will be determined by the Athletic Director. OR: The number of contests/events to be suspended from can be reduced to 10% if the participant agrees to complete 20 hours of approved community service within 45 days of determination that an infraction has occurred. Failure to comply with this will add an additional 20 % suspension at the end of 45 days plus all awards will be revoked. Proof of an approved community service plan being in place must be presented to the Athletic Director prior to being reinstated to participate after the 10% suspension has been served. All other consequences relating to intervention, practice, reinstatement, and eligibility remain the same. Second Offense (and subsequent offenses): The participant will not participate in any Centerville High School co-curricular activity for one calendar year from the date of determination that a second infraction has occurred. The participant will also be referred to the Centerville High School Crisis Intervention Counselor. The participant will not be permitted to practice or take part in any co-curricular events during this time period. The participant’s reinstatement and eligibility will be determined by the Athletic Director. OR: The suspension can be reduced to 6 months if the participant agrees to complete 40 hours of approved community service within 90 days of determination that an infraction has occurred. Failure to comply with this will result in a year suspension beginning at the end of 90 days. All other consequences relating to intervention, reinstatement, and eligibility remain the same. CITIZENSHIP Any possible infraction of the citizenship clause will be reviewed by the athletic director and coach. A decision will then be made which could result in the assignment of community hours and/or suspension from contests. Citizenship infractions will not be considered “offenses” (1st, 2nd, . . .).

  • Right of Refusal The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's discretion unless required by law.

  • Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

  • If there is a permitted secondary offering (1) If the Issuer is an emerging issuer and you have sold in a permitted secondary offering 10% or more of your escrow securities, your escrow securities will be released as follows: For delivery to complete the IPO All escrow securities sold by you in the permitted secondary offering 6 months after the listing date 1/6 of your remaining escrow securities 12 months after the listing date 1/5 of your remaining escrow securities 18 months after the listing date 1/4 of your remaining escrow securities 24 months after the listing date 1/3 of your remaining escrow securities 30 months after the listing date 1/2 of your remaining escrow securities 36 months after the listing date your remaining escrow securities *In the simplest case, where there are no changes to the remaining escrow securities upon completion of the permitted secondary offering and no additional escrow securities, the release schedule outlined above results in the remaining escrow securities being released in equal tranches of 16 2/3%.

  • No Physical Presence of Quorum and Participation by Audio or Video; Disaster Declaration The ability of the Board to meet in person with a quorum physically present at its meeting location may be affected by the Governor or the Director of the Ill. Dept. of Public Health issuing a disaster declaration related to a public health emergency. The Board President or, if the office is vacant or the President is absent or unable to perform the office’s duties, the Vice President determines that an in- person meeting or a meeting conducted under the Quorum and Participation by Audio or Video Means subhead above, is not practical or prudent because of the disaster declaration; if neither the President nor Vice President are present or able to perform this determination, the Superintendent shall serve as the duly authorized designee for purposes of making this determination. The individual who makes this determination for the Board shall put it in writing, include it on the Board’s published notice and agenda for the audio or video meeting and in the meeting minutes, and ensure that the Board meets every OMA requirement for the Board to meet by video or audio conference without the physical presence of a quorum.

  • Transfer outside of the Bargaining Unit (a) A nurse who is transferred to a position outside of the bargaining unit for a period of not more than three (3) months, or is seconded to teach for an academic year shall not suffer any loss of seniority, service or benefits. A nurse who is transferred to a position outside of the bargaining unit for a period of more than three (3) months, but not more than one (1) year shall retain, but not accumulate, her or his seniority held at the time of the transfer. In the event the nurse is returned to a position in the bargaining unit, she or he shall be credited with seniority held at the time of transfer and resume accumulation from the date of her or his return to the bargaining unit. A nurse must remain in the bargaining unit for a period of at least three

  • CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.

  • Intention to Bid for or Repurchase Securities (i) Intention to Bid. Except as disclosed in Schedule B, neither the Company nor any officers and directors of the Company intends to submit bids for the Securities in the Auction.

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