EIGHTH ADDENDUM TO APPENDIX A OF FOURTH AMENDED AND RESTATED SERVICE AGREEMENT
Exhibit 99.2
EIGHTH ADDENDUM TO APPENDIX A OF
FOURTH AMENDED AND RESTATED SERVICE AGREEMENT
This Eighth Addendum to Appendix A of that certain Fourth Amended and Restated Service Agreement (the "Addendum") is entered into as of
this 28th day of February, 2023, by and between Comenity Bank (“Bank”), a Delaware state bank, with its principal place of business at Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx 00000 and Comenity Servicing LLC (“Servicer”), a Texas Limited Liability Company with its principal place of business at 0000 Xxxxxxx Xxxxxx, Xxxxxxxx Xxxx 00000.
RECITALS
WHEREAS, Bank and Servicer entered into that certain Fourth Amended and Restated Service Agreement as of June 1, 2022 (the “Agreement”)
to outsource certain services to Servicer; and
WHEREAS, Bank and Servicer desire to modify certain Performance Standards set forth in Exhibit A to the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements hereinafter set forth, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, Bank and Servicer agree as follows:
1. Performance Standards. Bank and Servicer agree to amend the Performance Standards set forth in Appendix A to the Agreement, such that certain Performance Standards are hereby amended and added as set forth in further detail in Exhibit A
hereto.
2. Effective Date:
The amendments and additions to the Performance Standards, as set forth in Exhibit A hereto, shall be effective as of the first day of the month following the
month in which this Addendum is executed.
3. Miscellaneous.
Capitalized terms not otherwise defined in this Addendum shall have the meanings assigned to them in the Agreement. Other than as set forth above and in Exhibit A
hereto, the parties agree that the Agreement, as amended by this Addendum, shall continue in full force and effect. The parties may execute this Addendum in one or more counterparts, each of which shall be deemed an original, but all of which shall
constitute but one and the same instrument.
Eighth Addendum to Appendix A of
Fourth Amended and Restated Service Agreement
Comenity Servicing LLC / Comenity Bank
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IN WITNESS WHEREOF, the parties have
caused this Addendum to be executed by their authorized officers effective as of the date first written above.
Comenity Bank
By: /s/ Xxxxx Xxxxxxxxxx
Name: Xxxxx Xxxxxxxxxx
Title: Comenity Bank President
Comenity Servicing LLC
By: /s/ Xxxxx X. XxXxxxxxxxxx
Name: Xxxxx X. XxXxxxxxxxxx
Title: EVP, Credit Operations and Credit Risk
Eighth Addendum to Appendix A of
Fourth Amended and Restated Service Agreement
Comenity Servicing LLC / Comenity Bank
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EXHIBIT A
| 1. |
Amendments and Additions. Set forth below are additional Performance
Standards or revisions to existing Performance Standards, all of which shall be incorporated into Appendix A to the Agreement.
|
|
Service
|
Performance Standard
|
Measuring Period
|
Amended/
Added
|
|
Information Technology Services/Outsourcing
Provide Information Technology services, platform, network, including telecommunications through a secure environment, which can be outsourced to
third and fourth parties, including but not limited to:
•Timely Incident Restoration
•Unix/Linux Server Availability
•Windows Server Availability
•Mainframe Availability
•Critical Application Availability
•Data/Voice Connectivity Availability
•Implementation of Critical Security Updates/Patches
•Completion of Critical Batches
•Authorizations
•Other IT services as needed
Provide IT Quality services as listed below;
•Provide management of production defects
•Maintain tracking of Critical and High defects
•Maintain listing of critical applications supporting the Bank(s)
•Maintain oversight of critical application performance
•Provide monitoring of IT fixes implemented
•Other IT Quality Services, as requested
|
N/A
|
N/A
|
Amended (Service Description)
|
|
Maintain 99% or greater of Critical Patches Applied Within 30 Days
|
M
|
Amended
|
|
|
No more than 1 Critical defect in production for critical applications per release
|
M
|
Added
|
|
|
No more than 1 High defect in production for critical applications per release
|
M
|
Added
|
|
|
No more than 2% of defect fixes required to be re-worked/re-opened per release on critical applications
|
M
|
Added
|
|
|
Maintain 99.5% availability of critical distributed applications and related infrastructure
|
M
|
Added
|
Eighth Addendum to Appendix A of
Fourth Amended and Restated Service Agreement
Comenity Servicing LLC / Comenity Bank
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