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<br />2. . The parties expressly agree that this Amendment is supplemental to the ORIGINAL <br />CONTRACT and all terms, conditions, and provisions of the ORIGINAL CONTRACT, unless <br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein, <br /> <br />3, It is agreed the ORIGINAL CONTRACT is amended by the following: <br /> <br />Paragraph A.9 is appended with the following: Pursuant to the CWCB's finding that <br />the BORROWER has encountered significant and unexpected financial difficulties and <br />that it has been duly diligent in its efforts to comply with the repayment provisions of <br />this contract, the CWCB hereby defers the BORROWER'S December 1, 2002 loan <br />payment, and the final installment payment for this loan shall be due on or before <br />December 1, 2030. The balance of the loan as of December 1, 2003, the date of <br />the next scheduled loan payment, is $692,356.00 ($678,775.98 at the time of <br />deferral (December 1, 2002) plus interest in the amount of $13,580.02), and the <br />annual loan payments shall be $32,536.38 based on 2% interest per annum and 28 <br />annual payments. <br /> <br />Paragraph A.11 Contract Amendment Service Fees. Under certain situations, the <br />BORROWER 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 <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 <br />CWCB business, including, but not limited to, loan payment deferments (up to 3 <br />per loan) and changes in terms of loan repayment will be processed at no <br />additional charge to the borrower. <br /> <br />b. The amount charged shall be the fee rate structure in accordance with the <br />CWCB 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 /> <br />c. The BORROWER shall remit the service fee to the CWCB prior to initiation of the <br />amendment. Any service fee remitted to the cwes cannot be refunded. <br /> <br />Special Provision 10. 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, <br />for 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 <br />any 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 />4, 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 />