Common use of Merger or Change of Control Clause in Contracts

Merger or Change of Control. If CUSTOMER is merged into an Entity that, prior to such merger, was not an Affiliate of CUSTOMER, and such Entity is the survivor of such merger (the “Surviving Entity”), then (i) the provisions of this Agreement shall continue to apply to all CUSTOMER Accounts which were subject to this Agreement prior to such merger, but shall not apply to any accounts of the Surviving Entity which were not subject to this Agreement prior to such merger and (ii) the Surviving Entity, as CUSTOMER’s successor-in-interest, shall continue to be bound by CUSTOMER’s obligations hereunder. If there is a Change of Control of CUSTOMER, then the provisions of this Agreement shall continue to apply to all CUSTOMER Accounts of CUSTOMER immediately prior to such Change of Control, but shall not apply to any accounts of the Entity that acquires control of CUSTOMER which were not subject to this Agreement prior to such Change of Control.