Laserfiche WebLink
<br />b. Amendment to Security Agreement, attached hereto as Appendix 2 and incorporated <br />herein, which shall supplement and operate in conjunction with the Security Agreement, <br />daled November 1, 2002, attached to the ORIGINAL CONTRACT as Appendix 4. <br /> <br />c. Amendment to Deed of Trust, attached hereto as Appendix 3 and incorporated herein, <br />which shall supplement and operate in conjunction with the Deed of Trust, dated <br />November 1, 2002, attached to the ORIGINAL CONTRACT as Appendix 5. <br /> <br />4. The Contract is amended by the addition of the following; <br /> <br />A.16 Contract Amendment Service Fees. Under certain circumstances, the BORROWER <br />shall be assessed a fee for amending the contract. <br /> <br />a. A service fee shall be imposed on the BORROWER for amendments processed for the <br />benefit of the BORROWER and necessary for the BORROWER'S course of business, <br />including, but not limited to, a change in borrower name (novation), assignment of <br />contract, substitution of collateral, loan payment deferments in excess of 3 per loan, <br />and loan consolidation. Amendments in the course of CWeB business, including, but <br />not limited to, loan payment deferments (up to 3 per loan) and changes in terms of <br />loan repayment will be processed at no additional charge to the borrower. <br /> <br />b. The amount charged shaH be the fee rate structure in accordance with the CWCS <br />Loan Service Charge Policy in effect at the time the BORROWER shall request an <br />amendment. The current fee for an amendment is $1,000. <br /> <br />c. The BORROWER shall remit the service fee to the CWCS prior to initiation of the <br />amendment. Any service fee remitted to the CWCS cannot be refunded. <br /> <br />Special Provision M. Software Piracy Prohibition Governor's Executive Order <br /> <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 States <br />copyright laws or applicable licensing restrictions. The Contractor hereby certifies that. for <br />the term of this Contract and any extensions, the Contractor has in place appropriate <br />systems and controls to prevent such improper use of public funds. If the State <br />determines that the Contractor is in violation of this paragraph, the State may exercise any <br />remedy available at law or equity or under this Contract, including, without limitation, <br />immediate termination of the Contract and any remedy consistent with United States <br />copyright laws or applicable licensing restrictions. <br /> <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 shall 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 /> <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 /> <br />7. This amendment shall not be deemed valid or effective until it shall have been approved by <br />the controller of the State of Colorado or such assistant as he may designate. <br /> <br />Page 2 of 3 <br />