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<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 <br />to 3 per loan) and changes in terms of loan repayment will be processed at <br />no 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 <br />the amendment. Any service fee remitted to the CWCB cannot be refunded. <br /> <br />b, 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 <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 in <br />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 Contract, <br />including, without limitation, immediate termination of the Contract and any remedy <br />consistent with United States copyright laws or applicable licensing restrictions. <br /> <br />5. The ORIGINAL CONTRACT is amended by the revision of the following: <br /> <br />Paragraph 9.b, Establish Security Interest. The first sentence is revised as follows: <br />To provide a security interest for the STATE in the pledged property so that the STATE <br />shall have priority over all other competing claims for said property, the BORROWER <br />shall execute a Security Agreement, attached hereto as Appendix 7 and incorporated <br />herein. <br /> <br />6. 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 PR.OVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE employees are presently reaffirmed. <br /> <br />7. Financial obligations of the state payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br /> <br />8. This amendment shall not be deemed valid or effective until it shall have been <br />approved by the controller of the State of Colorado or such assistant as he may <br />designate. <br /> <br />Page 3 of 4 <br />