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EXHIBIT 1
<br /> PAYMENT PROCESSING AGREEMENT
<br /> This Payment Processing Agreement("Agreement"),including all applicable appendices and addendums
<br /> hereto,is made by and between CSG Forte Payments,Inc.,a Delaware corporation with its primary
<br /> business address at 2121 Providence Drive,Suite 151,Fort Worth,TX 76106 ("FORTE"or"Party"), and
<br /> City of Santa Ana,with its primary business address at 20 Civic Center Plaza, Santa Ana,CA 92701
<br /> ("AGENCY"or"Party"or"Merchant"),and is effective upon the date last signed below(the"Effective
<br /> Date"). FORTE provides payment processing and related products and services including but not limited to
<br /> Automated Clearing House("ACH"),credit and debit card processing,account verification and customer
<br /> identification(collectively and individually,as applicable,the"Services")to AGENCY who provides
<br /> services to,or otherwise has a business relationship with,individuals and other entities ("Constituents"or
<br /> "Customer").
<br /> 1. GENERAL
<br /> The Agreement shall consist of these terms and conditions,each of the Appendices attached hereto if
<br /> applicable,and all modifications and amendments thereto. Under the terms of the Agreement,
<br /> AGENCY will be furnished with the Services described in the Agreement and attached Appendices
<br /> which arc selected by Agency and approved by FORTE. For any terms herein that are specifically
<br /> applicable to any particular Service offered by FORTE, only the terms and conditions that apply to the
<br /> specific Service(s)requested by AGENCY at any given time shall apply. Some capitalized terms which
<br /> are not defined herein have specific definitions provided in Appendix A, attached hereto and
<br /> incorporated by this reference.
<br /> 2. USAGE
<br /> 2.1 Use License. Subject to the terms and conditions of this Agreement,FORTE hereby grants to
<br /> AGENCY a non-exclusive and non-transferable license to access and use the Service(s)contracted for
<br /> and AGENCY hereby accepts such license and agrees to utilize and access the Services in accordance
<br /> with the practices and procedures established by FORTE,which may be amended from time to time in
<br /> accordance with this Agreement. AGENCY may use the Services(a)for its own internal business
<br /> purposes and operations,and/or(b)as a service provided to its Constituents,unless otherwise agreed by
<br /> FORTE in writing. AGENCY agrees that it will not transmit any material through FORTE's systems in
<br /> violation of any applicable Law or Rule. FORTE reserves the right to use all means necessary to
<br /> monitor AGENCY's actions in the event of a real or perceived security risk.
<br /> 2.2 Use of Proprietary Property.No license or right to use,reproduce,translate,rearrange,modify,
<br /> enhance,display, sell,lease, sublicense or otherwise distribute,transfer or dispose of any of FORTE's
<br /> Proprietary Property, as defined in Section 3 below,in whole or in part,is granted except as expressly
<br /> provided by this Agreement. AGENCY shall not reverse engineer, decompile or disassemble the
<br /> Proprietary Property. Additionally,nothing in this Agreement shall be construed to provide AGENCY
<br /> with a license of any third-party proprietary information or property.
<br /> 2.3 Acceptable Use. AGENCY agrees to comply with the reasonable and acceptable use policies
<br /> and Rules of any networks accessed by AGENCY through the Services. FORTE reserves the right to
<br /> deny access to,or close any account AGENCY has with FORTE which,in FORTE's opinion,is causing
<br /> or may cause,harm to or negatively affect a FORTE server or third-party network accessed through
<br /> FORTE. In the event of such an occurrence,FORTE shall make reasonable efforts to notify AGENCY
<br /> prior to taking any such action but is not required to do so.
<br /> 2.4 User and System Security.AGENCY shall ensure that its Users comply with all applicable
<br /> requirements of this Agreement. AGENCY is responsible for protecting the confidentiality of any and
<br /> all passwords and credentials provided to AGENCY by FORTE for the purpose of utilizing the Services
<br /> or other forms of access to AGENCY's accounts with FORTE. AGENCY is responsible for the security
<br /> of its systems, locations and equipment used in processing Transactions under this Agreement and for
<br /> developing security procedures and training its employees on the procedures. AGENCY expressly
<br /> 25.06.01
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<br /> CS01165915.0 03-19-26
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