Defendant Business Payments Systems (BPS) is engaged in the business of marketing and selling credit card processing services to merchants. On August 22, 2005, BPS entered into a sales agreement with the limited liability company One Stop, of which plaintiff Joseph Cohen is a principal. The sales agreement defined "residual" to mean all merchant revenues collected by BPS "in excess of the fees set forth in Exhibit A." Thus, the "residual" payments which BPS remitted to One...
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