BANCORP BANK (THE); PHOENIX PAYMENT SYSTEMS, INC. DBA ELECTRONIC PAYMENT EXCHANGE (EPX)

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or paragraphs herein contained shall not affect the remaining portions of this Agreement or any part hereof. 10.16. Amendments to this Agreement. From time to time Bank and/or EPX may amend this Agreement as follows: i. Amendment to Cards and/or Services. Bank and/or EPX may amend or delete Cards or Services listed in Schedule A by notifying Merchant in writing of any amendment with a minimum of thirty (30) days prior written notice if reasonably practicable. All provisions of this Agreement shall apply to Cards or Services added to this Agreement. Bank or EPX shall notify Merchant of the fees to be charged for processing the additional Cards and Services. Acceptance by Merchant of a new approved Card as payment for a Transaction or use of a new Service after Bank or EPX has sent Merchant notice of an amendment shall constitute Merchant's agreement to the amendment and the fees or charges related to these additions. ii. Amendment to Fees and Charges. From time to time, Bank and/or EPX may change all non-pass through rates, fees and charges set forth in Schedule B. Bank or EPX will provide written notice to Merchant of all amendments with a minimum of thirty (30) days prior written notice if reasonably practicable. Notice may be given on the Merchant Statement. All non-pass through rates, fees and charges will become effective for the month immediately following the month in which the notice appeared on the Merchant Statement unless Merchant terminates this Agreement in accordance with Paragraph 6.4 ("Termination of Agreement by Merchant"). iii. Volume Adjustments. Bank or EPX may change the rates, fees and charges without prior written notice if Merchant's sales volume or average Transaction amount does not meet Merchant's projections contained in Merchant's application for card processing services initially submitted to and approved by Bank and EPX. 10.17. Notices. Except for notices provided by Bank to Merchant on the Merchant Statement, all notices, requests, demands or other instruments which may or are required to be given by any party herein shall be in writing and each shall be deemed to have been properly given i. When served personally on an officer of the party to whom such notice is to be given; ii. Upon expiration of a period of three (3) Business Days from and after the date of mailing thereof when mailed postage prepaid by registered or certified mail, requesting return receipt; or iii. Upon delivery by a nationally recognized overnight delivery service, addressed as follows: Initials Pare 1 _> of 19