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If the agreement is terminated for any reason other than Marqeta's breach, Customer remains obligated to pay all fees and charges through the end of the applicable Initial or Renewal Term. This includes terminations initiated by Customer, terminations at Issuer or Regulator direction, and terminations triggered by changes in applicable law or Card Brand Rules.
This analysis describes what Marqeta's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision requires Customer to pay remaining term fees even in circumstances where termination is triggered by external regulatory or network events outside Customer's control, such as Issuer withdrawal or Card Brand directive, provided the trigger is not Marqeta's breach. The financial obligation persists through the end of the contracted term regardless of whether services are actually delivered during that period.
Under this clause, Customer owes all remaining fees through the end of the Initial or Renewal Term upon any termination that is not attributable to Marqeta's breach, including terminations initiated by the Issuer, Card Brands, or Regulators. The Monthly Access Fee and other applicable charges continue to accrue through the term end date as stated in the agreement.
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"In case of termination of the Agreement for any reason other than Marqeta's breach, unless otherwise expressly provided herein, Customer is obligated to pay all applicable fees and other charges (e.g., the Monthly Access Fee) for the remainder of the Initial Term or Renewal Term (each as defined in the Order Form), as applicable.Excerpt from Marqeta's Terms of Use
1. REGULATORY LANDSCAPE: The obligation to pay fees through the end of a term following regulatory-directed termination may interact with applicable law in jurisdictions that limit contractual fee obligations where performance is rendered impossible by government or regulatory action. California contract law doctrines of impossibility and frustration of purpose may be relevant where regulatory termination prevents service delivery. Force majeure provisions in Section B(10)(d) do not apply to payment obligations. 2. GOVERNANCE EXPOSURE: High. The combination of regulatory-directed termination scenarios, where Marqeta may terminate at Issuer or Regulator direction with 180 days' notice, and the continued fee obligation through end of term creates a scenario in which Customer may owe substantial fees for a period during which no services are received. Financial modeling for regulatory risk scenarios should account for this contractual exposure. 3. JURISDICTION FLAGS: California law governs, and the enforceability of fee obligations following regulatory-directed termination may depend on specific circumstances. Where Customer is located in jurisdictions with consumer protection statutes that limit fee obligations following involuntary service termination, local law counsel should assess the interaction. 4. CONTRACT AND VENDOR IMPLICATIONS: Contract negotiation teams should assess the term length and Monthly Access Fee structure in the Order Form in light of this provision, as longer terms and higher access fees increase the financial exposure from regulatory-directed or Issuer-directed termination scenarios. The 180-day notice period for Issuer or Regulator-directed termination provides some runway but does not reduce the fee obligation for the remaining term. 5. COMPLIANCE CONSIDERATIONS: Legal teams should model the maximum fee exposure under this provision for the contracted term and assess whether this exposure requires disclosure in financial statements or risk registers. The interaction between this provision and the Custodial Account set-off right means Marqeta may recover outstanding term fees directly from Customer's program funding account upon termination.
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This provision requires Customer to pay remaining term fees even in circumstances where termination is triggered by external regulatory or network events outside Customer's control, such as Issuer withdrawal or Card Brand directive, provided the trigger is not Marqeta's breach. The financial obligation persists through the end of the contracted term regardless of whether services are actually delivered during that …
Under this clause, Customer owes all remaining fees through the end of the Initial or Renewal Term upon any termination that is not attributable to Marqeta's breach, including terminations initiated by the Issuer, Card Brands, or Regulators. The Monthly Access Fee and other applicable charges continue to accrue through the term end date as stated in the agreement.
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