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TSYS MERCHANT INSIGHTS AMENDMENT TO THE MERCHANT TRANSACTION PROCESSING AGREEMENT
<br />201310 TSYS MERCHANT INSIGHTS
<br />THIS Amendment ( "AMENDMENT "), by and between FIRST NATIONAL BANK OF OMAHA ( "BANK "), TSYS MERCHANT
<br />SOLUTIONS, LLC ( "TMS "), and MERCHANT, the name of which is set out below, shall become effective on the date executed or
<br />approved by a duly authorized representative of BANK. BANK, TMS, and MERCHANT shall be collectively known hereafter as the
<br />"PARTIES."
<br />WHEREAS, BANK, TMS, and MERCHANT are PARTIES to a Merchant Transaction Processing Agreement (together with its addenda,
<br />amendments, attachments, and schedules shall be hereinafter known as the "AGREEMENT "), under which BANK and TMS provide
<br />processing and other services regarding credit card sales transactions ( "SALES "), subject to the terms and conditions more fully set out
<br />in AGREEMENT; and
<br />WHEREAS, the PARTIES desire to amend the AGREEMENT as set out below.
<br />NOW THEREFORE, in consideration of the mutual promises made herein, and other valuable consideration, receipt and sufficiency of
<br />which are hereby acknowledged, the PARTIES do hereby agree as follows:
<br />1. Terms set forth herein in all capitalized letters which are not otherwise defined herein shall have meaning as set out in the
<br />AGREEMENT.
<br />2. To the extent TMS is not already a PARTY to the AGREEMENT, the PARTIES agree to amend the AGREEMENT to make
<br />TMS a party to the AGREEMENT. BANK will continue to sponsor MERCHANT into the ASSOCIATIONS, retain the responsibllity of
<br />settling MERCHANT's SALES, and all other obligations that are required to be retained at BANK by the ASSOCIATIONS. TMS will be
<br />responsible for all other responsibilities and obligations to MERCHANT under the AGREEMENT, including but not limited to processing
<br />SALES and handling customer service.
<br />3. The PARTIES agree to amend the AGREEMENT by adding the products and services listed below, and MERCHANT agrees
<br />to pay the applicable FEES listed below. MERCHANT understands and agrees that the products and services hereunder are offered
<br />by Oto Analytics, Inc. d /b /a Womply ( "WOMPLY'), and not by BANK or TMS. TMS, BANK, and their affiliates are in no way responsible
<br />for the actions, inactions, performance or nonperformance of WOMPLY, or for disputes or resolving disputes of any kind arising from
<br />the products and services provided by WOMPLY. MERCHANT understands and agrees that MERCHANT's access to the products and
<br />services hereunder are subject to WOMPLY'S acceptance of MERCHANT as a customer, and MERCHANT's agreement to WOMPLY's
<br />End User License Agreement. MERCHANT hereby authorizes TMS and /or WOMPLY to contact MERCHANT via phone, email,
<br />facsimile, or mail in regards to the products and services hereunder.
<br />TSYS Merchant Insights Essentials: 60 day free trial period. Billed at $19.99 per MID per month if not cancelled
<br />4. This AMENDMENT, together with the AGREEMENT and its other amendments, attachments, exhibits, and schedules,
<br />constitutes the entire AGREEMENT between the PARTIES as to transaction processing, and any other representations, inducements
<br />promises, or agreements not contained herein shall be of no force and effect as to transaction processing.
<br />5. Except as amended hereby, BANK, TMS, and MERCHANT reaffirm the obligations of each as they are contained in the,
<br />AGREEMENT.
<br />IN WITNESS WHEREOF, the PARTIES hereto have caused this AMENDMENT to be executed by their duly authorized officers,
<br />effective as of the date executed or approved by BANK.
<br />First National Bank of Omaha
<br />BANK Authorized Signature
<br />Title
<br />Date
<br />TSYS Merchant Solutions, LLC
<br />TMS Authorized Signature
<br />Print Name
<br />Date
<br />City of Santa Ana
<br />MERCHANT Name
<br />MID #:
<br />Email Address: MMancha @santa - ana.org
<br />Address: 20 Civic Center Plaza M -13
<br />Santa Ana Ca 92701
<br />City, State, Zip Code
<br />Authorized Signature
<br />Print Name
<br />201310 TSYS Merchant Insights Page 1 of 1 CONFIDENTIAL
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