AMENDMENT TO THE AGREEMENT BETWEEN
Exhibit
10.23
BETWEEN
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Fiserv
Solutions, Inc.
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AND
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West
Bank
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d/b/a
Fiserv-Des Moines
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0000
00xx Xxxxxx
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4400
Westown Parkway
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Xxxx
Xxx Xxxxxx
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Xxxx
Xxx Xxxxxx, XX 00000
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IA
50266- 6751
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Regency
West 7
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AMENDMENT
dated as of August 29, 2008 (“Amendment”) between Fiserv Solutions, Inc., a
Wisconsin corporation with offices located at 0000 Xxxxxxx Xxxxxxx, Regency
West
0, Xxxx Xxx Xxxxxx, Xxxx 00000 (“Fiserv”), and West Bank, a state chartered
financial institution, with offices located at 0000 00xx Xxxxxx, Xxxx Xxx
Xxxxxx, Xxxx 00000 (“Client”), to the Agreement dated March 17, 1997 between
Fiserv and Client (as amended through the date hereof, collectively the
“Agreement”).
WHEREAS,
Fiserv and Client entered into the Agreement for Fiserv’s provision of Account
Processing, Item Processing, and related services to Client; and
WHEREAS,
Fiserv and Client wish to amend the Agreement.
NOW,
THEREFORE, Fiserv and Client hereby agree as follows:
1.
Term.
The
initial term of the Agreement is extended through July 31, 2013. All renewal
provisions shall remain unchanged.
2.
Fees
for Fiserv Services.
Fees
for products and services provided, beginning August 1, 2008 shall be discounted
20% (twenty percent) for the term of this agreement. This discount will not
apply to pass-thru items and future new products and services.
3.
Other
Concessions.
Fiserv
will waive the monthly costs for existing Account and Item Processing services
(pass-thru and telecom not included) for 5 (five) months beginning August 1,
2008 through December 31, 2008.
4.
Amendment.
This
Amendment is intended to be a modification of the Agreement. Except as expressly
modified herein, the Agreement shall remain in full force and effect. In the
event of a conflict between the terms of this Amendment and the Agreement,
this
Amendment shall control.
IN
WITNESS WHEREOF, the parties have caused this Amendment to be executed by their
duly authorized representatives as of the date indicated below.
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West
Bank
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Fiserv
Solutions, Inc.
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d/b/a
Fiserv-Des Moines
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By:
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/s/
Xxxxxx Xxxxxxxxx
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By:
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/s/
Xxxxx Xxxxxx
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Name:
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Xxxxxx
Xxxxxxxxx
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Name:
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Xxxxx
Xxxxxx
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Title:
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Chairman
& CEO
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Title:
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President
& CEO
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Date:
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August
29, 2008
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Date:
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August
29, 2008
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All
pricing as set forth under this amendment will expire unless executed by both
parties to the agreement by September 12, 2008.
29
