Common use of Store Locations Clause in Contracts

Store Locations. ACE agrees to offer the Agent Services in substantially all of the Stores owned by ACE (“Owned Stores”). Notwithstanding the foregoing, it is understood and agreed that ACE shall only be obligated to offer the Agent Services in any of its locations that are (a) in states of the United States (including, without limitation, the District of Columbia) in which each of ACE and NetSpend has applied for and obtained all necessary licenses, permits, and other authorizations to offer and issue the NetSpend Cards and provide the Agent Services and may issue the NetSpend Cards and provide the Agent Services, as applicable, in compliance with all applicable laws, (b) electronically connected with ACE’s central servers at or for ACE’s headquarters without any network impediment to performing the services required by ACE under this Agreement, and (c) not prohibited from offering the Agent Services by the lease or sublease for the location. ACE will also use commercially reasonable efforts to make available to its franchisees, and the franchisees of any of its affiliates, an opportunity to make the NetSpend Cards available at the franchisees’ retail locations as NetSpend’s independent agent under this Agreement. The Owned Stores, together with any stores operated by franchisees of ACE or its affiliates that elect, by written agreement with ACE, to make the NetSpend Cards available are individually referred to herein as a “Participating Store” and collectively as the “Participating Stores.” ACE acknowledges and agrees that each Participating Store’s participation in the distribution of NetSpend Cards will be subject to compliance with the requirements outlined in NetSpend’s Distributor Manual, which has been or will be provided to ACE, and subject to NetSpend’s normal distributor due diligence and risk management processes.