Common use of Amendment of Article Clause in Contracts

Amendment of Article. Notwithstanding Section 18.1 or any other provision of this Agreement to the contrary, the provisions of this Article XVIII may not be modified or amended without the prior written agreement of Bank, Retailer and Green Dot. 18.10 Green Dot Bank. Green Dot may perform any of its obligations under this Article XVIII through GDB, or designate GDB as the recipient of performance of any obligations of Retailer or Bank under this Article XVIII; provided, however, that (a) Green Dot shall remain responsible to Retailer and Bank for performance of all of its obligations under this Article XVIII and (b) GDB shall not be a third party beneficiary of this Agreement or have any rights to enforce this Agreement against Retailer or Bank, but shall be jointly and severally responsible with Green Dot for the performance of any obligations of Green Dot under this Article XVIII. Card Name WalmartBranding Bank's PurchaseFee Period 1 Status [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] Service Level Definition Defect Definition Calculation Target % Default % New Cardholder Card Production Timeliness Timeliness of Permanent Walmart MoneyCard Custom Cards being embossed and put into the mail system Any Permanent Walmart MoneyCard Custom Card package that is not put into the mail system within [*] Business Days of Cardholder being approved and submitting acceptable image Statistically valid sample of the number of Permanent Walmart MoneyCard Custom Card packages put into the mail system within [*] Business Days of the Cardholder being approved and submitting acceptable image divided by the number of mailings sampled [*]% within [*] Business Days [*]% within [*] Business Days The purpose of this Schedule 18.8 is to clarify Retailer's role as seller of the Additional Cards issued by Green Dot Bank. To the extent that any part of this Schedule 18.8 conflicts with Article XVIII of this Agreement, this Schedule 18.8 shall control (solely with respect to Participating Stores in the State of New York). 1. Retailer is hereby appointed as Green Dot Bank's sales agent solely for the limited purpose of selling the Additional Cards in the State of New York and delivering to Green Dot Bank any fees and payments paid by purchasers of the Additional Cards, in accordance with the terms of Article XVIII of the Agreement. Retailer hereby acknowledges that Green Dot Bank is the issuer of the Additional Cards and has the primary relationship with purchasers of the Additional Cards, and that Green Dot Bank is responsible for all amounts collected by Retailers from consumers who purchase the Additional Cards. 2. All funds (less any fees belonging to Retailer) received by Retailer from the sales of Additional Cards shall be funds owned by and belonging to Green Dot Bank, and held for the benefit of consumers who have purchased the Additional Cards. 3. Retailer shall make and keep such accounts, papers, books, and other records, and preserve such materials for such period of time as may be required by Article XVIII of the Agreement. Retailer shall comply with any other requirements or instructions provided to Retailer in writing by y Green Dot Bank relating to the Additional Cards or arising out of Article XVIII of the Agreement consistent with Retailer's rights under Article XVIII of the Agreement.

Amendment of Article. Notwithstanding Section 18.1 or any other provision of this Agreement to the contrary, the provisions of this Article XVIII may not be modified or amended without the prior written agreement of Bank, Retailer and Green Dot. 18.10 Green Dot Bank. Green Dot may perform any of its obligations under this Article XVIII through GDB, or designate GDB as the recipient of performance of any obligations of Retailer or Bank under this Article XVIII; provided, however, that (a) Green Dot shall remain responsible to Retailer and Bank for performance of all of its obligations under this Article XVIII and (b) GDB shall not be a third party beneficiary of this Agreement or have any rights to enforce this Agreement against Retailer or Bank, but shall be jointly and severally responsible with Green Dot for the performance of any obligations of Green Dot under this Article XVIII. Card Name WalmartBranding Bank's PurchaseFee Period 1 Status [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] NASCAR Yes $5.00 Period 1 Walmart MoneyCard Custom Card Yes $5.00 Period 1 AARP No $4.95 No Rush No $4.95 No MAGIC Card No $4.95 No MOSSY OAK YES $5.00 NFL YES $5.00 Service Level Definition Defect Definition Calculation Target % Default % New Cardholder Card Production Timeliness Timeliness of Permanent Walmart MoneyCard Custom Cards being embossed and put into the mail system Any Permanent Walmart MoneyCard Custom Card package that is not put into the mail system within [*] Business Days of Cardholder being approved and submitting acceptable image Statistically valid sample of the number of Permanent Walmart MoneyCard Custom Card packages put into the mail system within [*] Business Days of the Cardholder being approved and submitting acceptable image divided by the number of mailings sampled [*]% within [*] Business Days [*]% within [*] Business Days The purpose of this Schedule 18.8 is to clarify Retailer's role as seller of the Additional Cards issued by Green Dot Bank. To the extent that any part of this Schedule 18.8 conflicts with Article XVIII of this Agreement, this Schedule 18.8 shall control (solely with respect to Participating Stores in the State of New York). 1. Retailer is hereby appointed as Green Dot Bank's sales agent solely for the limited purpose of selling the Additional Cards in the State of New York and delivering to Green Dot Bank any fees and payments paid by purchasers of the Additional Cards, in accordance with the terms of Article XVIII of the Agreement. Retailer hereby acknowledges that Green Dot Bank is the issuer of the Additional Cards and has the primary relationship with purchasers of the Additional Cards, and that Green Dot Bank is responsible for all amounts collected by Retailers from consumers who purchase the Additional Cards. 2. All funds (less any fees belonging to Retailer) received by Retailer from the sales of Additional Cards shall be funds owned by and belonging to Green Dot Bank, and held for the benefit of consumers who have purchased the Additional Cards. 3. Retailer shall make and keep such accounts, papers, books, and other records, and preserve such materials for such period of time as may be required by Article XVIII of the Agreement. Retailer shall comply with any other requirements or instructions provided to Retailer in writing by y Green Dot Bank relating to the Additional Cards or arising out of Article XVIII of the Agreement consistent with Retailer's rights under Article XVIII of the Agreement.