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<br />, , <br /> <br />replace and supersede the Promissory Note in the amount of $100,000 dated <br />October 1, 2001, attached to the ORIGINAL CONTRACT as Appendix 2, <br />b. Amendment to Security Agreement, attached hereto as Appendix Band <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Security Agreement dated October 1,2001, attached to the ORIGINAL CONTRACT as <br />Appendix 4. <br />c. Amendment to Conditional Assignment of Contract Proceeds, attached hereto as <br />Appendix C and incorporated herein, which shall supplement and operate in <br />conjunction with the Conditional Assignment of Contract Proceeds dated October <br />1,2001, attached to the ORIGINAL CONTRACT as Appendix 5. <br />4. The Contract is amended by the addition of the following: <br />A.13. Contract Amendment Service Fees. Under certain circumstances, the <br />BORROWER shall be assessed a fee for amending the contract. <br />a. A service fee shall be imposed on the BORROWER for amendments processed <br />for the benefit of the BORROWER and necessary for the BORROWER'S course of <br />business, including, but not limited to, a change in borrower name (novation), <br />assignment of contract, substitution of collateral, loan payment deferments in <br />excess of 3 per loan, and loan consolidation. Amendments in the course of <br />eWCB business, including, but not limited to, loan payment deferments (up to <br />3 per loan) and changes in terms of loan repayment will be processed at no <br />additional charge to the borrower. <br />b. The amount charged shall be the fee rate structure in accordance with the <br />eWCB Loan Service Charge Policy in effect at the time the BORROWER shall <br />request an amendment. The current fee for an amendment is $1,000. <br />c. The BORROWER shall remit the service fee to the CWCB prior to initiation of <br />the amendment. Any service fee remitted to the CWCB cannot be refunded. <br />Special Provision 12. Software Piracy Prohibition Governor's Executive Order <br />No State or other public funds payable under this Contract shall be used for the <br />acquisition, operation or maintenance of computer software in violation of United <br />States copyright laws or applicable licensing restrictions. The Contractor hereby <br />certifies that, for the term of this Contract and any extensions, the Contractor has <br />in place appropriate systems and controls to prevent such improper use of public <br />funds. If the State determines that the Contractor is in violation of this paragraph, <br />the State may exercise any remedy available at law or equity or under this <br />Contract, including, without limitation, immediate termination of the Contract and <br />any remedy consistent with United States copyright laws or applicable licensing <br />restrictions. <br />5. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, <br />variance, or contradiction between the provisions of this Amendment and any of the <br />provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be <br />controlling over other provisions in the contract or amendments. The representations <br />in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE employees are presently reaffirmed. <br />