BANCORP BANK (THE); PHOENIX PAYMENT SYSTEMS, INC. DBA ELECTRONIC PAYMENT EXCHANGE (EPX)

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xi. Address of the Merchant outlet's permanent establishment, including the Merchant outlet country; 1. On the same screen view as the checkout screen used to present the total purchase amount; or 2. Within the sequence of web pages the Cardholder accesses during the checkout process. 6. Term. 6.1. Term. This Agreement shall become effective when signed by all parties however the term shall begin upon commencement of processing activity under this Agreement and shall remain in effect for a term of one (1) year unless sooner terminated in accordance with this Agreement. This Agreement shall renew automatically for successive terms of one (1) year each, unless any party provides written notice of termination to the other parties at least 120 days prior to the end of the then current term. All existing obligations, warranties, indemnities and agreements with respect to Transactions entered into before such termination shall remain in full force and effect and Merchant shall remain liable for all obligations to Cardholders, Bank, and EPX incurred while this Agreement was in effect. 6.2. Termination of Agreement by Bank or EPX. Bank or EPX may terminate this Agreement upon thirty (30) days prior written notice to Merchant under any of the below listed circumstances. During this period the Merchant shall have the opportunity to cure the default. i. Chargebacks exceed the Association guidelines, or appear to be the result of fraudulent Transactions as defined by the Association. EPX will provide Merchant with information defming the Association guidelines; ii. Breach of this Agreement by Merchant; or iii. Merchant fails to provide accurate financial statements suitable to Bank or EPX in a timely manner upon request. Bank and/or EPX may terminate this Agreement immediately, in the following circumstances: i. In the opinion of Bank or EPX there is a substantial negative change in the Merchant's business or financial position; ii. Any act of fraud or dishonesty is committed by Merchant, its employees and/or agents, or Bank or EPX believes in good faith that Merchant, its employees and/or agents have committed, are committing or are planning to commit any acts of fraud or misrepresentation in connection with transaction processing; iii. Any representation or warranty made by Merchant in this Agreement or the Application for Services herein that is not true and correct, in a material respect; iv. Merchant fails to maintain sufficient funds in the Operating Account to cover the amounts due to Bank or EPX herein; or v. Merchant files a petition under any bankruptcy or insolvency law. Bank or EPX may selectively terminate one or more of Merchant's approved locations without terminating this entire Agreement. In the event of termination, all obligations of Merchant incurred or existing under this Agreement prior to termination shall survive the termination. Merchant's obligations with respect to any Transaction shall be deemed incurred and existing on the transaction date of the card Transaction. 6.3. Termination of Agreement by Bank. If the Bank's management, board of directors or legal counsel determines that the continued performance by the Bank of its obligations under this Agreement is not consistent with safe and sound banking practices and if the parties are unable to agree upon modifications to this Agreement that eliminate the relevant banking concerns or cure the violation or potential violation of said banking practices, the Bank shall have the right to terminate this Agreement on not less than ninety (90) days' prior written notice by providing written notice to Merchant. Any written notice provided to Merchant by the Bank pursuant to this section shall specify the date on Initials Pa,e 8 of 19