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State of Minnesota -U.S. Bank Commercial Card Solutions -Participating Addendum
<br />Contract# 75413 Purchasing Card Contract# 75427 Fleet Card
<br />Appendix A, Document 2 -U.S. Bank Commercial Card Master Agreement
<br />16. "Control" or "Controlled" means, with respect to a Person, the possession, directly or indirectly, of the power to direct
<br />or cause the direction of management or policies (whether through ownership of securities or partnership, membership
<br />or other ownership interests, by contract or otherwise) of such Person,
<br />17. "Convenience Checks" means the drafts drawn against an Account by the Cardholder for Purchases.
<br />18. "Data" means the information regarding or in connection with Accounts and/or Transactions associated with the
<br />Commercial Card Program and/or any such Information provided by a Lead and/or Participating Bank associated with
<br />the Global Commercial Card Program.
<br />19. "Debi" means all amounts charged lo an Account including without limitation all amounts related lo Charges that are
<br />owed to U.S. Bank by Government Entity, Government Entity Agencies and Political Subdivisions, and/or Cardholders.
<br />20. "Due Dale" means, with respeci lo a Statement, the dale, as measured by the number of days after the Statement
<br />Date, for which the payment of Debi that is listed on the Statement is due.
<br />21. "Fees" means all fees that are posted to an Account and due and payable to U.S. Bank by Government Entity,
<br />Government Entity Agencies and Minnesota CPV Members, and/or its Cardholders that are associated with any
<br />Commercial Card Program and/or Global Commercial Card Program, including but not limited lo Cash Advance,
<br />Foreign Transaction and Late Fees.
<br />22. "Foreign Transaction Fee" means the fee U.S. Bank charges on the amount of any Debt or other Transaction posted
<br />lo an Account that is not in the same currency in which the Account is billed and which must be converted lo the
<br />currency used for billing purposes,
<br />23. "Fraudulent Charges" mean those Charges which are not initialed, authorized or otherwise requested by Government
<br />Entity and/or a Cardholder by any means (electronic, telephonic or written) and do not directly or indirectly benefit
<br />Government Entity and/or a Cardholder.
<br />24. "Intellectual Property" or "Intellectual Property Rights" means any patent rights, copyrights, trade secrets, trade names,
<br />seivice marks, moral rights, know-how and any other similar rights or intangible assets recognized under any laws or
<br />international conventions, and in any country or jurisdiction in the world, as intellectual creations to which rights of
<br />ownership accrue, and al! registrations, applications, disclosures, renewals, extensions, continuations or reissues of
<br />the foregoing now or hereafter in force.
<br />25. "Lale Fee" means the fees associated with any Debi that remains unpaid to U.S. Bank by Government Entity and/or
<br />Cardholders after the Due Date on the Statement.
<br />26. "MasterCard" means MasterCard® USA, Inc., MasterCard International, and any other MasterCard entity identified in
<br />the Participating Addendum.
<br />27. "Merchant" means any entity that has entered into an agreement that governs the acceptance of Cards.
<br />28. "Merchant Category Code" means the code established by the Associations Iha! identifies and classifies goods or
<br />services offered by a Merchant. Each Merchant designates its Merchant Category Code to the applicable Association.
<br />29. "Parent" means any Person that Controls a Party.
<br />30. "Party" means any one of U.S. Bank or Government Entity, and "Parties" means U.S. Bank and Government Entity,
<br />31. "Past Due Balance" means, with respect lo a Statement, the total amount of any Debi which remains unpaid lo U.S.
<br />Bank by Government Entity and/or Cardholder after the Due Dale specified on such Statement.
<br />32. "Person" means any corporation, company, limited liability company, general partnership, limited partnership, limited
<br />liability partnership, unincorporated association, trust, joint venture, estate or other judicial entity or any governmental
<br />body,
<br />33. "Minnesota CPV Member Addendum" means the Commercial Card Program Minnesota CPV Member Addendum
<br />used by Political Subdivisions localed in the slate of Minnesota to join Government Entity's Commercial Card
<br />Program.
<br />34. "Program Administrator' means !he employee designated by Government Entity to serve as the primary point of
<br />contact between Government Entity and U.S. Bank and shall be trained and have thorough knowledge of Commercial
<br />Card Programs offered by U.S. Bank to Government Entity.
<br />35. "Purchase" means a purchase of goods and/or services that is charged to an Account.
<br />36, "Statement" means, with respect to one or more accounts, a periodic billing Statement from U.S. Bank listing all
<br />Transactions posted to such Accounts.
<br />37. "Summary Statement" means, with respect lo one or more accounts, a billing Statement that provides only an
<br />aggregate amount of all Transactions posted lo such Accounts.
<br />38. "Transaction" means any activity posted lo an Account, both debit and credits, including but not limited lo Purchases,
<br />Cash Advances, Fees and payments.
<br />39. "U.S. Bank Expense Management" means the automated expense management and reporting solution offered by
<br />U.S. Bank.
<br />40. "Visa" means Visa® USA, Inc., Visa International Service Association, Inc. and any other Visa entity.
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