Okaloosa County BOCC — October 5, 2013 — PayPros Merchant Application and Agreement with Addenda — reading text

be incorporated into Merchant's Agreement. Upon receipt of a signed facsimile or original of this Confirmation Page by us, Merchant’s Application will be processed. Merchant understands that a copy of the Terms and Conditions and Operating Procedures are also available for downloading from the Internet at: Merchant’s Business Principal: Signature (Please sign below): X Title Date Please Print Name of Signer © 2008 Payment Processing Inc. All rights reserved. Page 9 of 9 ppi0408tc Payment Processing Inc., is a registered ISO/MSP for Wells Fargo Bank, N.A., Wainut Creek. CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. PayPros 8200 Central Ave. | Newark, CA 94560 June 4, 2013 Deborah Claybaugh Okaloosa County Department of Growth Management 302 N Wilson Street, Suite 203 Crestview, FL 32536 RE: Payment Processing, Inc. Merchant Application and Agreement (“Agreement”) Merchant: Okaloosa County Department of Growth Management Dear Ms. Claybaugh: This letter serves as an amendment to the above-referenced Agreement between the above-referenced Merchant, Payment Processing, Inc., First Data Merchant Services ("FDMS”), and Wells Fargo Bank, N.A. (“WF”) (collectively referred to herein as “we”). In consideration of Merchant entering into the Agreement and for other good and lawful consideration, which the parties do hereby acknowledge, the following amendments, deletions and additions are made to the Agreement as follows: 1. Unless otherwise specifically defined in this Amendment, all initially capitalized terms shall have the meanings given them in the Agreement. 2. Paragraph 1.1 is deleted in its entirety and this following sentence inserted in its place: “1.1 The following requirements apply to all Card transactions: a) you cannot establish minimum or maximum amounts as a condition for accepting a Card, with the exception that for Discover Network transactions, you may limit the maximum amount a Discover Network Cardholder may spend if, and only if, you have not received a positive Authorization from the Card Issuer; b) you cannot impose a surcharge or fee for accepting a Card unless and only if (i) such fee or surcharge is allowed by applicable state law; and (ii) you are a municipality or other government formed entity and the governing body for such government entity or municipality has authorized such fee or surcharge; c) you cannot establish any special conditions for accepting a Card; d) you cannot establish procedures that discourage, favor or discriminate against the use of any particular Card; however, you may choose not to accept either U.S. issued Debit Cards or U.S. issued Credit Cards under the terms described in section 1.3; e) you cannot require the Cardholder to supply any personal information (e.g., home or business phone number; home or business address; or driver’s license number) unless instructed by us, except for a mail order/telephone order or delivery required transaction, and ZIP code for a Card-present key-entered transaction in order to obtain an Address Verification (AVS); f) Any tax required to be collected must be included in the total transaction amount and not collected in cash; g) you cannot submit any transaction representing the refinance or transfer of an existing Cardholder obligation deemed uncollectible; h) you cannot submit a transaction or sale that has been previously charged back; i) you must deliver at least one copy of the Sales Draft or Credit Draft to the Cardholder; j) you cannot submit a transaction or sale to cover a PayPros 8200 Central Ave. | Newark, CA 94560 dishonored check. Failure to comply with any of the Association Rules may result in fines or penalties.” “ppl” Payment Processing, Inc. Gk Va _ ) = By: Ghia Jeffrey Dorman General Counsel “Merchant” By: Print name: Title: PayPros 8200 Central Ave. | Newark, CA 94560 June 20, 2013 Deborah Clabaugh Okaloosa County Growth Management Dept RE: Payment Processing, Inc. Merchant Application and Agreement (“Agreement”) Merchant: Okaloosa County Dear Ms. Clabaugh: This letter serves as an amendment to the above-referenced Agreement between the above-referenced Merchant, Payment Processing, Inc., First Data Merchant Services (“FDMS”), and Wells Fargo Bank, N.A. (“WF”) (collectively referred to herein as “we”). In consideration of Merchant entering into the Agreement and for other good and lawful consideration, which the parties do hereby acknowledge, the following amendments, deletions and additions are made to the Agreement as follows: 1. Unless otherwise specifically defined in this Amendment, all initially capitalized terms shall have the meanings given them in the Agreement. 2. Paragraph 22.1 is deleted in its entirety and this following sentence inserted in its place: “22.1 Subject to the limitations of section 768.28, Florida Statutes, you agree to indemnify and hold us harmless from and against all losses, liabilities, damages and expenses: a) resulting from any breach of any warranty, covenant or agreement or any misrepresentation by you under this Agreement; b) arising out of your or your employees’ or your agents’ negligence or willful misconduct, in connection with Card transactions or otherwise arising from your provision of goods and services to Cardholders; c) arising out of your use of our Service; or d) arising out of any third party indemnifications we are obligated to make as a result of your actions (including indemnification of any Association or Card Issuer); provided, however, that attorney’s fees are not recoverable as a loss, liability or expense.” » “ppy” Payment Processing, Inc. By: Jeffrey Dorman General Counsel PayPros 8200 Central Ave. | Newark, CA 94560 “Merchant” By: Print name: Title: