Certain Post-Termination Rights. In the event of termination of this Agreement, NOVA and Member shall have the right in addition to the other rights and remedies under this Agreement and at law and in equity, to exercise a right of set-off such funds payments otherwise due to MSP pursuant to Section 4. A., for any amounts due to NOVA or Member hereunder pursuant to Section 4.B., and, in the event of termination of this Agreement for cause, any damages suffered by NOVA or Member hereunder and at law, then owing or which may thereafter become owing. No termination of this Agreement shall affect any Merchant Agreement that is in effect as of the time of termination, After termination, MSP agrees to cooperate in all reasonable respects with NOVA and Member throughout the remaining term of each Merchant Agreement, MSP agrees not to solicit or encourage any Referred Merchant to terminate a Merchant Agreement in force with NOVA or Member for any man after the termination of this Agreement. Sections 5, 6.F, 9,C and 10 shall survive termination of @ Agreement. Upon T@ of MSP, NOVA shall offer to enter into a servicing only agreement following the termination of this Agreement to enable MSP to continue servicing the Referred Merchants and receiving fees for such servicing responsibilities, provided this Agreement has not been terminated for cause by NOVA or Member.
Appears in 1 contract
Sources: Credit Card Processing Agreement (U S Wireless Data Inc)
Certain Post-Termination Rights. In the event of termination of this Agreement, NOVA and Member shall have the right in addition to the other rights and remedies under this Agreement and at law and in equity, to exercise a right of set-off such funds and payments otherwise due to MSP pursuant to Section 4. A., for any amounts due to NOVA or Member hereunder pursuant to Section 4.B., and, in the event of termination of this Agreement for cause, any damages suffered by NOVA or Member hereunder and at law, then owing or which may thereafter become owing. No termination of this Agreement shall affect any Merchant Agreement that is in effect as of the time of termination, After termination, MSP agrees to cooperate in all reasonable respects with NOVA and Member throughout the remaining term of each Merchant Agreement, MSP agrees not to solicit or encourage any Referred Merchant to terminate a Merchant Agreement in force with NOVA or Member for any man reason after the termination of this Agreement. Sections 5, 6.F, 9,C 8.C and 10 shall survive termination of @ this Agreement. Upon T@ request of MSP, NOVA shall offer to enter into a servicing only agreement following the termination of this Agreement to enable MSP to continue servicing the Referred Merchants and receiving fees for such servicing responsibilities, provided this Agreement has not been terminated for cause by NOVA or Member.
Appears in 1 contract
Sources: Member Service Provider Sales and Service Credit Card Processing Agreement (U S Wireless Data Inc)