0001193125-10-175423 Sample Contracts

SECOND AMENDED AND RESTATED MARKETING AGREEMENT
Marketing Agreement • August 3rd, 2010 • Jackson Hewitt Tax Service Inc • Services-personal services • New York

This Second Amended and Restated Marketing Agreement (the “Agreement”) dated as of November 16, 2009 is by and between Jackson Hewitt Inc. whose address is 3 Sylvan Way, Parsippany, New Jersey 07054 (“Company”) and MetaBank d/b/a Meta Payment Systems whose address is 5501 Broadband Lane, Sioux Falls, South Dakota 57108 (“Bank”). Each may be referred to as a “Party” or collectively as “Parties.” Capitalized terms not defined in the context of a provision of this Agreement have the meanings set forth in Article I.

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FIRST ADDENDUM TO SECOND AMENDED AND RESTATED MARKETING AGREEMENT
Marketing Agreement • August 3rd, 2010 • Jackson Hewitt Tax Service Inc • Services-personal services

This Addendum, effective as of the 16th day of November, 2009 (“Effective Date”), is attached to, and is part of, a Second Amended and Restated Marketing Agreement between Company and Bank dated November 16, 2009 (“Agreement”). Except as otherwise set forth herein to the contrary, all other terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall prevail. Capitalized terms not defined in this Addendum shall have the meanings set forth for such terms in the Agreement.

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