FIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC 1 -2013

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12. Left CARDS: 12.1 CARDS that are inadvertently left at a MERCHANT location must be held under dual control during the time they are retained. 12.2 CARDS inadvertently left at a MERCHANT location may be returned to the cardholder by MERCHANT under the following conditions: (i) the CARD was inadvertently left by the cardholder at an on-premise location, and (ii) the cardholder requests the CARD within one business day, and (iii) the cardholder provides two forms of current identification, one of which is a photo identification. 12.3 If the cardholder has not requested the CARD within one business day, the CARD should be destroyed by cutting it in half through the stripe and processed in the normal manner. 13. Security Features: 13.1 TMS, BANK, NETWORK or their designated agent, on behalf of itself or others, shall have the right to inspect MERCHANT's security systems and procedures from time to time. TMS PRODUCTS AND SERVICES TSYS InfoCenter 1. MERCHANT may not access TSYS InfoCenter without the express written consent of TMS. 2. TSYS InfoCenter displays information related to the MERCHANT'S transaction processing activity between the MERCHANT and TMS via a web interface. 3. TMS will provide MERCHANT access to TSYS InfoCenter for the person(s) listed in the TSYS InfoCenter Access Application form(s) signed and submitted by MERCHANT. Access will be provided through a web site designated by TMS. MERCHANT agrees to pay all FEES associated with the TSYS InfoCenter product as stated in the completed and signed TSYS InfoCenter Access Application form(s). The PARTIES agree that any completed and signed TSYS InfoCenter Access Application form which is submitted shall be fully incorporated and made part of the AGREEMENT. 4. MERCHANT is responsible for any electronic virus or viruses that may be encountered and is responsible for routinely scanning its computers and diskettes using a reliable virus product to detect and remove any viruses found. 5. Information is encrypted by Secure Sockets Layer (SSL) technology. TMS has made reasonable efforts to secure information, but does not guarantee security. MERCHANT is responsible for protecting access to TSYS InfoCenter. Access to and uses of password protected areas of TSYS InfoCenter are restricted to authorized users only. It is the MERCHANT's obligation to immediately notify TMS if its PIN has been lost or stolen or if there has been unauthorized access. 6. MERCHANT may terminate the use of TSYS InfoCenter Web Site or any authorized user of the website by providing TMS with written notification of said termination. The PARTIES agree that said written termination(s) shall be fully incorporated and made part of the AGREEMENT. MERCHANT is fully responsible for terminating MERCHANT employee access. TMS may terminate MERCHANT access to the TSYS InfoCenter web site immediately upon notice to MERCHANT and said termination(s) shall be incorporated into the AGREEMENT. 7. TMS is not liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of TSYS InfoCenter, even if TMS has been advised of the possibility of such damages, including liability associated with any viruses which may infect MERCHANT's computer(s). 8. THE SERVICE AND CONTENT FROM OR THROUGH TSYS INFOCENTER ARE PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TMS AND BANK ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE. 9. MERCHANT's access to and use of TSYS InfoCenter is subject to all LAWS, as well as, all ASSOCIATIONS' rules and regulations. TMS reserves the right to seek all remedies available at law and in equity for violations of the AGREEMENT or any other applicable law, rule or regulation, including the right to block access from a particular Internet address to the designated web site. TMS EQUIPMENT AGREEMENT Important Note: BANK is not a party to the following agreement. MERCHANT acknowledges and agrees that BANK and its affiliates are in no way responsible for the actions, inactions, performance or nonperformance of TMS, or for disputes or resolving disputes of an kind arising from this agreement. THIS Equipment Agreement ("EQUIPMENT AGREEMENT"), by and between TMS, and "MERCHANT," the name of which is set forth in the AGREEMENT, as defined herein, shall become effective as of the date TMS executes ("EFFECTIVE DATE") the Merchant Transaction Processing Agreement (the "AGREEMENT"). WHEREAS, TMS and MERCHANT shall hereinafter be referred to as the "PARTIES"; and WHEREAS MERCHANT desires to purchase or rent equipment from TMS in order to accept and process specified credit card transactions. NOW THEREFORE, in consideration of the mutual promises made herein, and other valuable consideration, receipt and sufficiency of which are hereby acknowledged, the PARTIES do hereby agree as follows: 1. TMS agrees to sell or rent to MERCHANT and MERCHANT agrees to buy or rent from TMS the EQUIPMENT described in the AGREEMENT or as added from time to time via MERCHANT's request through TMS's customer service center. MERCHANT's payment for EQUIPMENT or delivery of the EQUIPMENT to MERCHANT will constitute MERCHANT's acceptance of the applicable following terms and conditions. Payment for EQUIPMENT and any related fees shall be due and payable on the EFFECTIVE DATE of this EQUIPMENT AGREEMENT if purchasing EQUIPMENT, monthly if renting, or upon an otherwise agreed upon date or payment schedule. MERCHANT agrees to pay the fee(s) set out in the AGREEMENT and as added from time to time. MERCHANT is responsible for all sales, use, excise and other taxes that may result from this transaction. 201108 MTPA Terms and Conditions Page 21 of 35 CONFIDENTIAL