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

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any reason; or (iii) MERCHANT informs TMS of its decision to "Opt-Out" of the CCAP, provided however, that it meets the criteria for doing so as set forth in Section C below. C. Opting-Out of the CCAP At anytime after MERCHANT has provided documentary proof to TMS that it is validated as PCI compliant by a qualified security assessor, MERCHANT shall have the ability to "Opt-Out" of this CCAP and decline the Card Compromise Assistance provided by it. If however MERCHANT is later identified by TMS as no longer validated as PCI compliant for any reason, MERCHANT will immediately be re-enrolled back into this CCAP (provided they are still eligible to participate) and subject to payment of the fee applicable to non-validated merchants. To validate compliance, please go to www.validatepci.com. Once MERCHANT receives validation, you are then eligible to Opt-Out of this CCAP. Please note that it may take TMS up to 30 days to confirm that MERCHANT has validated compliance. By Opting-Out of this CCAP, MERCHANT understands that under the terms of the Merchant Transaction Processing Agreement with TMS that MERCHANT is solely responsible for all expenses, fines, assessments, and penalties that arise in the event that a data breach is suspected or occurs at one or more of my merchant location(s). MERCHANT also understands and agrees that following Opt-Out the CCAP will not be available to help pay any of the above mentioned expenses, fines, assessments, and penalties in the event of a suspected or actual breach of one or more of MERCHANT's locations. In order to Opt-Out, please contact TMS either by telephone at (800) 228-2443, or via email at custom erservice GDtsys.com. If contacting TMS via phone, please follow the instructions on the voice prompt to Opt-Out. If you are contacting TMS via email, please include your doing-business-as name, contact information and all of your MIDs. In addition, please include the phrase "Opt-Out of CCAP" in the subject line. For more information on the CCAP, please visit www.rovalgroupservice.com/cca D. Legal Action Against TMS No person or organization has a right under this CCAP: to join TMS as a party or otherwise bring TMS into a suit asking for damages from MERCHANT; or to sue TMS on this CCAP unless all of its terms have been fully complied with by MERCHANT. In any event TMS will not be liable for amounts that are not payable under the terms of this CCAP or that are in excess of the applicable limits on payments under Clause VI above. Subrogation In the event of any payment under this CCAP, TMS or any insurers of TMS shall be subrogated to the extent of such payment, to all rights of recovery of MERCHANT arising out of a covered Data Security Event. MERCHANT shall do whatever is necessary, including signing documents, to help TMS obtain any recovery TMS may seek. To the extent TMS makes a payment to MERCHANT under this CCAP and, prior or subsequent to such payment, MERCHANT receives any amount from any other person or entity in connection with or arising out of the Data Security Event with respect to which TMS made such payment, MERCHANT shall immediately remit such amount to TMS up to the amount of TMS's payment to MERCHANT. F. Payments Where MERCHANT Has Insurance Coverage This CCAP shall only cover qualifying expenses hereunder to the extent such expenses are not otherwise covered by any policies of primary or secondary insurance maintained by merchant. G. Assignment This CCAP and any rights provided hereunder are not assignable without TMS's written consent. Any assignment without such a consent shall be deemed null and void. H. Changes Changes to the provisions of this CCAP shall be made only by a written amendment issued by TMS and made a part of this CCAP. Reimbursement Payments made under this CCAP to or on behalf of MERCHANT shall be repaid to TMS by MERCHANT in the event and to the extent that MERCHANT shall not be entitled to such payment. J. Title of Paragraphs The titles of the various clauses and paragraphs of this Assistance Agreement and endorsements, if any, attached to this Assistance Agreement, are inserted solely for convenience or reference and are not to be deemed in any way to limit or expand the provisions to which they relate, and are not part of this Assistance Agreement. K. Cancellation There shall be no payment for any Data Security Event first discovered by MERCHANT after the effective date and time of the expiration, cancellation or non-renewal of this CCAP regardless of when the Data Security Event actually occurred. 201108 MTPA Terms and Conditions Page 27 of 35 CONFIDENTIAL