PAYMENT RESOURCES INTERNATIONAL 1 - 2004

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credit was posted as a sale), or (2) processing the imprinted amount instead of the correct Transaction amount as evidenced by other information on the Transaction Draft; (xiii) that the Cardholder or Issuer suspects that a Transaction may have been charged more than once; (xiv) that no signature appears on the Transaction Draft, and the Cardholder states in writing that he or she did not make or authorize the Transaction; (xv) that, unless City fall within one of the exceptions set forth in these Additional Terms and Conditions, the Sales Draft does not contain an electronic print or imprint ofthe embossed legends ftom the Bank Card and City's merchant imprinter plate; (xvi) that the Cardholder states that neither he or she nor anyone authorized by him or her engaged in the Transaction; (xvii) that the valid date embossed on the Bank Card had already passed on the Transaction date; (xix) that the expiration date imprinted on the Transaction Draft had already passed on the Transaction date; (xx) that City did not provide the Issuer with the amount ofthe Transaction in the original Sales Transaction currency; (xxi) the Transaction Draft resulted from the ftaudulent use of account numbers or any abnormal, irregular, or ftaudulent City activity, including any activity described in these Additional Terms and Conditions; (xxii) that the Transaction date is more than 30 days prior to the central site processing date; or (xxiii) that PRI has any other basis to conclude there is any other violation of this Agreement, the Operating Rules, or any other applicable laws and regulations of any governmental authority. In the event of a revocation of the prior receipt of the Transaction Draft, City shall pay PRI any amount previously paid to City for such Transaction Draft. 4. All disputes between City and any Cardholder relating to any Bank Card Transaction shall be settled between City and the Cardholder. City agrees to indemnifY, defend, and hold PRI and Agent Bank harmless from all claims and defenses arising out of any Bank Card Transaction, whether or not the other party ultimately prevails. 5. Inspection of Books and Records. Representatives ofPRI, Agent Bank and the Interchange System may, during normal business hours, inspect, audit, and make copies of City's books, accounts, records, and files pertaining to any Bank Card Transaction or the Program. The Interchange System requires City to retain either the original or a microfilm copy original of all records of each Bank Card Transaction, including any refunds or credits, for a minimum period ofthree years from the processing date. City may be required to retain such records for a longer period under federal law or state law, or both. City shall retain all original or microfilm copies of the original Transaction Drafts and Credit Vouchers in chronological order based on the Bank Card Transaction date 6. If City is not an EDC Merchant, City shall use imprinters acceptable to PRI. If City is an EDC Merchant, City shall maintain at least one imprinter for back-up purposes. PRI will arrange for the sale of any reasonable number of imprinters that City require for City's own use under this Agreement. The sale price shall be determined in accordance with the information contained in the City Bank Card Application and Agreement and may be debited ftom City's or paid in advance. 7. PRI shall make available to City, at City's expense, such promotional materials as PRI deems appropriate indicating City's participation in the Interchange System. PRI shall also provide City, at City's expense, Sales Drafts, Credit Vouchers, and any other forms that may be required by PRI. 8. City shall continue to use any such promotional materials provided to City so long as this Agreement is in effect. Upon termination of this Agreement, City shall immediately discontinue and shall no longer use any promotional materials provided by PRI, or any trade name, trademark, service mark, or logotype associated with Bank Cards. All unused promotional materials or any other materials furnished by PRI shall be returned promptly upon termination ofthis Agreement. 9. City shall not use any promotional materials or any trade name, trademark, service mark, or logo type associated with Bank Cards in any way that suggests or implies that the Interchange System 15