Laserfiche WebLink
which fall outside of the Control parameters selected, if such Transactions are made with <br />a valid Card and are processed by Contractor. The existence and/or use of Controls will <br />not affect Purchasing Entity's liability for Unauthorized Transactions in certain <br />circumstances and is more fully described in the guidance information provided when <br />Purchasing Entities make Control elections. Only transactions submitted for authorization <br />are subject to Controls and those Controls can only be enforced when the merchant <br />provides sufficient information as part of the authorization. <br />(c) Contractor may, in its sole discretion and/or without prior notice, modify Authorization <br />Controls for the purpose of the prevention of suspected fraudulent activity, see Exhibit G <br />Section 15 Fraud Protection. Contractor will notify Purchasing Entity after any modification <br />is made. Purchasing Entity agrees it is responsible for reviewing fraud control data <br />provided by Contractor for the purpose of detecting fraud that may occur within Control <br />parameters. <br />5.8. REPORTS AND OTHER PRODUCT FEATURES. <br />(a) Contractor provides transaction data for each Account to the Purchasing Entity as <br />transmitted by merchants. Purchasing Entity is responsible for reconciling that <br />data. Contractor will report the data received from merchants and as such is not liable <br />for accuracy or completeness of the data received, posted or contained in any specialty <br />reports, management reports, data services or other information services provided. In <br />addition, Purchasing Entity understands that in the event an error is identified in a report, <br />such as incorrect product code, Purchasing Entity is still liable for the Transaction, but may <br />follow the dispute process to obtain clarifying information. <br />(b) Except as otherwise expressly provided below, Purchasing Entity will be liable to <br />Contractor for all unauthorized use or Unauthorized Transactions that occur: (i) when a <br />Card is lost or stolen, for the period prior to which a Purchasing Entity gives notice to <br />Contractor as provided in this Agreement; (ii) if such use or suspected use occurs as a <br />result of the Purchasing Entity's lack of reasonable security precautions and controls <br />surrounding the Cards or Accounts as described in this Agreement; or (iii) if such use <br />results in a benefit, directly or indirectly, to the Purchasing Entity or Account User. Misuse <br />as defined by Purchasing Entity internal Purchasing Entity policy by an Account User or <br />other employee does not constitute fraud, unauthorized use, or an Unauthorized <br />Transaction. <br />(c) Purchasing Entity may purchase dyed special fuel using its Account or Cards. Purchasing <br />Entity acknowledges that all dyed special fuel purchases will be used exclusively for off - <br />road purposes and according to all applicable laws governing its use. Contractor is not <br />liable in any way for any misuse or mishandling by Purchasing Entity of any dyed special <br />fuel. Upon request from applicable governmental authorities, Contractor may provide <br />information regarding Participating Entity's dyed special fuel purchases without prior <br />authorization from Purchasing Entity. <br />5.9. DELIVERY REQUIREMENTS. Contractor must ensure that delivery of goods and/or services will be made <br />as required by this Master Agreement, the Participating Addendum or as otherwise mutually agreed <br />in writing between the Purchasing Entity and Contractor. <br />(a) On -Site Requirements. Contractor, its agents, employees, or subcontractors shall comply, <br />in all respects, with Purchasing Entity's physical, fire, access, safety, or other security <br />requirements required by any Participating State or Purchaser Entity while on their <br />MASTER AGREEMENT No. 00819 - FLEET CARD SERVICES PAGE 10 OF 138 <br />