Laserfiche WebLink
<br />attached to the ORIGINAL eONTRACT as Appendix 2. <br />b. Amended Security Agreement, attached hereto as Appendix B and incorporated herein, <br />which shall supplement and operate in conjunction with the Security Agreement dated <br />October 1, 2001, attached to the ORIGINAL CONTRACT as Appendix 4. <br />c. Amendment No. 1 to Deed of Trust, attached hereto as Appendix e and incorporated <br />herein, which shall supplement and operate in conjunction with the Deed of Trust dated <br />October 1, 2001, attached to the ORIGINAL CONTRACT as Appendix 5. <br />4. The Contract is amended by the addition of the following: <br />A.15 Contract Amendment Service Fees. Under certain circumstances, the BORROWER <br />shall be assessed a fee for amending the contract. <br />a. A service fee shall be imposed on the BORROWER for amendments processed for <br />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 eWCB <br />business, including, but not limited to, loan payment deferments (up to 3 per loan) <br />and changes in terms of loan repayment will be processed at no additional charge <br />to the borrower. <br />b. The amount charged shall be the fee rate structure in accordance with the eWCB <br />Loan Service eharge Policy in effect at the time the BORROWER shall request an <br />amendment. The current fee for an amendment is $1,000. <br />c. The BORROWER Shall rel11itthe Service fee to the ewes prior" to iriitiatiohofthe <br />amendment. Any service fee remitted to the eWeB cannot be refunded. <br />12. Special Provision M. Software Piracy Prohibition Governor's Executive Order <br />No State or other public funds payable under this Contract shall be used for the acquisition, <br />operation or maintenance of computer software in violation of United States copyright laws <br />or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this <br />Contract and any extensions, the Contractor has in place appropriate systems and controls <br />to prevent such improper use of public funds. If the State determines that the Contractor is <br />in violation of this paragraph, the State may exercise any remedy available at law or equity <br />or under this Contract, including, without limitation, immediate termination of the Contract <br />and 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, variance, or <br />contradiction between the provisions of this Amendment and any of the provisions of the <br />ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, <br />govern, and control. The SPECIAL PROVISIONS shan always be controlling over other <br />provisions in the contract or amendments. The representations in the SPECIAL PROVISIONS <br />concerning the absence of bribery or corrupt influences and personal interest of STATE <br />employees are presently reaffirmed. <br />6. Financial obligations of the state payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available. <br />7. This amendment shall not be deemed valid or effective until it shall have been approved by <br />the controller of the St~te of Colorado or such assistant as he may designqte. <br /> <br />Page 2 of 3 <br />