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SECTION 9 PAYMENT DEVICE TRANSACTION MISCELLANEOUS
<br /> DEPOSITS The headings of sections and subsections of this Agreement are
<br /> The exact amount of each approved Payment Device for convenience of reference only and will not be construed to
<br /> transaction will be electronically deposited into the Client bank alter the meaning of any provision of this Agreement. PNP is an
<br /> account identified on the Client Application. PNP shall initiate independent contractor and nothing in this Agreement will be
<br /> such deposits as specified on the attached Client Application. deemed to create any agency, employee-employer relationship,
<br /> PNP will provide Client's authorized employees with access to partnership, franchise or joint venture between the parties.
<br /> PNP's online transaction reports for reconciliation purposes. Except as otherwise specifically provided in this Agreement,
<br /> neither party will have, or represent that it has the right, power
<br /> SECTION 10 FORCE MAJEURE or authority to bind, contract or commit the other party or to
<br /> PNP will not be responsible for its failure to perform under this create any obligation on behalf of the other party. Each of the
<br /> Agreement due to causes beyond its reasonable control, parties will have any and all rights and remedies available to
<br /> including acts of God, wars, riots, revolutions, acts of civil or them under all applicable laws. The remedies provided for in
<br /> military authorities, terrorism, fires, floods, sabotage, nuclear this Agreement will be deemed to be non-exclusive and in
<br /> incidents,earthquakes, storms,or epidemics. If the provision of addition to any other available remedy at law or in equity. All
<br /> Services under this Agreement is delayed by such an event or rights and remedies are cumulative and may be exercised
<br /> condition, PNP will promptly notify Client thereof. PNP will use singularly or concurrently. Client may not assign or transfer any
<br /> commercially reasonable efforts to overcome any such cause of its rights or delegate any of its obligations under this
<br /> for delay as soon as is reasonably practicable. Agreement to any third party, by operation of law or otherwise,
<br /> without the prior written consent of PNP. Any attempted
<br /> SECTION 11 GOVERNING LAW assignment or transfer in violation of the foregoing will be void.
<br /> This Agreement will be interpreted, construed and enforced in This Agreement will be binding upon,and inure to the benefit of,
<br /> all respects in accordance with the laws of the State of North the successors and permitted assigns of the parties. Client
<br /> Carolina without reference to its conflicts of law principles. shall comply with all applicable laws, rules, treaties, and
<br /> regulations in its performance of this Agreement. If any
<br /> SECTION 12 NOTICES provision of this Agreement is held by a court of law to be illegal,
<br /> All notices or other communications required or permitted by this invalid or unenforceable, the remaining provisions of this
<br /> Agreement must be in writing and will be deemed to have been Agreement will not be affected and the illegal, invalid, or
<br /> duly given when delivered personally to the party for whom such unenforceable provision will be deemed modified such that it the
<br /> notice was intended, or upon actual receipt if sent by facsimile intention of the parties to the fullest extent possible. No
<br /> or delivered by a nationally recognized overnight delivery amendment or modification of this Agreement will be effective
<br /> service, or at the expiration of the third day after the date of unless it is in writing and executed by both of the parties.
<br /> deposit if deposited in the United States mail, postage pre-paid, Nothing contained in this Agreement establishes, creates, or is
<br /> certified or registered, return receipt requested,to the respective intended to or will be construed to establish or create, any right
<br /> parties at: in or obligation to any third party. This Agreement,the Exhibit(s)
<br /> and the Client Application set forth the entire agreement and
<br /> If to Client: See Merchant Application understanding of the parties with respect to the subject matter
<br /> hereof and supersedes any and all prior or contemporaneous
<br /> If to PNP: Point&Pay, LLC understandings and agreements, whether written or oral,
<br /> 110 State St. E,Suite D between the parties with respect to such subject matter.
<br /> Oldsmar, FL 34677
<br /> The parties have ly executed this Agreement as of the date of the last signature b w I e" tive Date").
<br /> Point& LC Oran un C
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<br /> Name: C,l V�0 � Name:
<br /> Title: Title:
<br /> Date: f Date:
<br /> PNP E-Payment Services Agreement v2.0 rev 071008 5
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