Treasury Management Services. Company and Bank acknowledge and agree that any deposit, payment or other treasury management services with respect to any accounts of Company held at Bank (including without limitation those for wire, ACH or other electronic funds transfers, or other payment or deposit services) (collectively, the “Treasury Management Services”) shall be governed by the terms of a Treasury Management Agreement by and between Company and Bank. The rights and responsibilities of each party with respect to such Treasury Management Services, and any transaction initiated by Company to or from the Accounts (defined below), shall be set forth in the Master Treasury Management Agreement with terms to be agreed upon between Bank and Company. Company agrees that Bank shall be the exclusive provider of Treasury Management Services for the first **** **** years of this Agreement and thereafter Bank shall remain Company’s provider of Treasury Management Services unless Company receives ****, or other terms **** than Bank’s terms, from a third party provider except, in either case, to the extent that the Company reasonably determines that it is necessary to have other providers of Treasury Management Services in order to establish such additional BINs as it is permitted to establish pursuant to Section 8.4. Notwithstanding anything herein to the contrary, the Company shall be permitted to establish additional providers of Treasury Management Services (i) with respect to services the Bank is unwilling or unable to provide or (ii) that are established in connection with agent bank relationships. The Treasury Management Services shall be provided under a fee structure to be negotiated between Company and Bank.
Appears in 2 contracts
Sources: Clearing, Settlement and Sponsorship Services Agreement, Clearing, Settlement and Sponsorship Services Agreement (Vantiv, Inc.)