FIFTH AMENDMENT TO PROCESSING AGREEMENT
This agreement made as of May 29, 1996, by and between First National Bank
of Omaha ("FNBO") a national banking association organized under the laws of
United States, and P.M.T. Services, Inc., doing business as US Bankcard Center
("COMPANY") a corporation with principal offices located at 0 Xxxxxxxx Xxxxx,
Xxxxx 000, Xxxxxxxxx, XX 00000.
A. FNBO and COMPANY executed a written Processing Agreement as of March 1,
1994, which was amended by a written Amendment to Processing Agreement dated May
10, 1995, an Amendment to Processing Agreement dated July 18, 1995, an Amendment
to Processing Agreement dated August 7, 1995, and an Amendment to Agreement
dated November 1, 1995. A copy of said Processing Agreement is attached hereto
as Exhibit B, and made a part hereof by this reference. Copies of said
Amendments to Processing Agreement are attached hereto as Exhibit C, and made a
part hereof by this reference. The Processing Agreement, including all
amendments thereto shall collectively be known as "AGREEMENT."
B. The parties desire to amend the AGREEMENT to provide for the processing
of additional MERCHANTS.
For good and valuable consideration, COMPANY and FNBO agrees as follows:
1. Terms set forth herein in all capitalized letters which are not
otherwise defined herein shall have the same meaning as set out in
the AGREEMENT.
2. Attached hereto, marked EXHIBIT A, and by this reference
incorporated herein, is a list of merchants which constitutes the
ACQUIRED PORTFOLIO merchants listed on pursuant to this AGREEMENT.
Henceforth the merchants listed on Exhibit A shall, therefore,
constitute MERCHANTS under the AGREEMENT.
3. This AGREEMENT, along with the exhibits attached, contains the
entire understanding between the parties hereto for the purpose set
forth above. This AGREEMENT may not be altered, amended or modified
except in writing executed by a duly authorized representative of
each party.
4. This AGREEMENT is not assignable by either party without written
consent of the other party.
5. This AGREEMENT is to be interpreted and construed under the laws of
the State of Nebraska.
6. Except as modified or amended hereby the parties ratify and confirm
their covenants and obligations contained in the AGREEMENT.
IN WITNESS WHEREOF, the parties have set their hands as of as of the date first
set forth above.
FIRST NATIONAL BANK OF OMAHA P.M.T. SERVICES, INC.
By: /s/ Xxxxx X. Xxxxxxx By: /s/ Xxxxxxx X. Daily
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Title: Legal & Compliance Officer Title: President
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