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Addendum A to <br /> Master Payment Processing Services agreement between CITY OF Decatur and FIRSTECH INC. <br /> LOCKBOX PAYMENTS <br /> /y �l 3 . <br /> This Addendum (the"Addendum'),dated is by and between CITY OF Decatur a <br /> corporation, (hereinafter"Client') and FIRSTECH,INC., an Illinois Corporation, (hereinafter"FirsTech'j,and is <br /> an extension of the Payment Processing Services Agreement(the"Agreement'j, pursuant to which FirsTech agreed to <br /> provide payment processing and related services for Client's customers. The terms of this Addendum shall prevail over the <br /> terms of the Agreement in the event of any conflict between them. <br /> Whereas, FirsTech provides remittance processing services;and Client desires to obtain said services for itself, and <br /> FirsTech is willing to provide such services on the terms and conditions herein stated. <br /> Now,therefore, in consideration of the covenants herein contained,the parties agree as follows: <br /> 1. Services. FirsTech agrees to provide the data and remittance processing services to Client. <br /> 2. Service Fees. Client agrees to pay for services received as stipulated hereunder. <br /> 3. Materials. All forms, supplies and other materials used in processing items and input data, hereunder shall <br /> meet FirsTech specifications. <br /> 4. Responsibilities. FirsTech will utilize the same procedures and exercise the same degree of care in <br /> providing services hereunder as it does in providing the same or similar services for its own business and <br /> transactions, and will provide such services in accordance with commercially reasonable business practices. <br /> (a) FirsTech shall not be liable to Client or any person claiming under or through it for any delay in <br /> delivery or loss or other damage resulting from any natural disaster, fire, strike,war, epidemic, riot, civil <br /> disturbance, labor dispute, act of God, or <br /> (b) FirsTech will retain images of stubs and checks data for a minimum period of two(2)years. <br /> (c) Upon termination of this Agreement for any reason, each party will, upon request, return to the <br /> other all papers, materials,computer programs, data, and other properties of the other held for <br /> purposes of this Agreement. In addition, each party will assist the other within the standards of the <br /> payment processing industry. <br /> 5. Assignment. FirsTech may assign any duties pertaining to this addendum to any FirsTech that is directly or <br /> indirectly <br /> (i) in control of FirsTech, <br /> (ii) under the control of FirsTech,or <br /> (iii) under common control with FirsTech. <br /> 6. Remittance Processing Services Reliability and Responsiveness. <br /> (a) FirsTech will provide the necessary equipment to perform the remittance processing service. <br /> (b) FirsTech will deposit payments on the same banking day they are processed to provide Client with <br /> the greatest availability of funds. <br /> (c) A banking day is considered Monday through Friday each week of the year except banking holidays <br /> as determined by the Federal Reserve System: <br /> (d) FirsTech will plan its production schedules to process all payments each day they are received <br /> except for non-identifiable items, which will be promptly treated in accordance with mutually agreed <br /> upon exception item procedures. <br /> (e) FirsTech will create daily posting files of payments and reversals in accordance with the <br /> specifications mutually agreed to by FirsTech and Client. Such files will be placed on the pre-designated <br /> FTP site at the agreed upon time each day for pickup by Client or its assigned agent. <br /> Master Agreement—City of Decatur -8- <br />