Commerical Entity Agreement - Square Inc.

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Commercial Entity Agreetnent littps://squarcup.coiii/legal/cea date of its execution of this Agreement. Seller's signature on this Agreement authorizes WFMS to perform any credit check deemed necessary with respect to Seller. 8.2 Section Headings. The section headings of this Agreement are for convenience only and do not define, limit, or describe the scope or intent of this Agreement. 8.3 Assignment. WFMS may assign this Agreement to an entity qualified under Card Brand Rules to perform its obligations under this Agreement. Seller cannot assign or transfer your rights or delegate its responsibilities under this Agreement without WFMS's prior written consent. Failure to obtain our consent may result in a termination of this Agreement. Any permitted assignee or successor entity nrust provide such additional information and execute such additional documentation or take any further actions as WFMS may request in order to ensure continued processing of Transactions under this Agreement. 8.4 Parties. This Agreement binds Seller and its respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns. 8.5 Severability. Should any provision of this Agreement be determined to be invalid or unenforecable under any law, rule, or regulation, including any Card Brand Rule, such determination will not affect the validity or enforceability of any other provision of this Agreement. 8.5 Waivers. No term or condition of this Agreement may be waived except pursuant to a written waiver executed by the party against whom such waiver is sought to be enforced. 8.7 Entire Agreement. This Agreement represents the entire understanding between Seller and WFMS with respect to the matters contained herein and supersedes any prior agreements between the parties. For purposes of clarity, this Agreement does not supersede the Seller Agreement between Seller and Square. Seller agrees that in entering into this Agreement it has not relied on any statement of WFMS or its representatives. The parties acknowledge and agree (i) that this Agreement applies only to Transaction Data generated within the United States; and (ii) that this is a contract for commercial services. 8.8 Notices. Except as otherwise provided in this Agreement, all notices must be given in writing and either hand delivered, faxed, mailed first class, postage prepaid, sent via electronic mail transmission, or sent via overnight courier (and will be deemed to be given when so delivered or mailed), to the addresses set forth 17 of 23 7/13/2018, 10:16 AM