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2.3.4 MERCHANT will not export or re- export the products and /or services indicated above without the <br />appropriate United States or foreign government licenses. <br />2.3.5 All express and implied warranties regarding the products and /or services indicated above by TSYS <br />and its suppliers to MERCHANT are disclaimed. <br />2.3.6 All consequential, special, and indirect damages are disclaimed on behalf of TSYS and its suppliers. <br />2.3.7 For U.S. Government End Users: The products and /or services indicated above are 'commercial <br />items," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically are <br />"commercial computer software" and 'commercial computer software documentation," as such <br />terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. <br />227.7202 -1 through 227.7202 -4 (JUNE 1995), the products and /or services indicated above are <br />provided to U.S. Government end users (a) only as commercial end items and (b) with only those <br />rights as are granted to all other end users pursuant to the terms and conditions herein. <br />3. MISCELLANEOUS: <br />3.1 This AMENDMENT, together with the AGREEMENT and its other amendments, attachments, exhibits, and <br />schedules, constitutes the entire AGREEMENT between the PARTIES as to transaction processing, and any <br />other representations, inducements, promises, or agreements not contained herein shall be of no force and <br />effect as to transaction processing. <br />3.2 Except as amended hereby, BANK, TMS, and MERCHANT reaffirm the obligations of each as they are <br />contained in the AGREEMENT. <br />IN WITNESS WHEREOF, the PARTIES hereto have caused this AMENDMENT to be executed by their duly <br />authorized representative, effective as of the date executed or approved by BANK. <br />First National Bank of Omaha <br />City of Santa Ana <br />MERCHANT Name <br />20 Civic Center Plaza <br />Authorized Signature Address <br />Print Name <br />Santa Ana 92701 <br />City, State, Zip C <br />Title Authorized Signature <br />e <br />Date Print Name <br />"Title <br />TSYS Merchant Solutions, LLC <br />Authorized Signature <br />Print Name <br />Title <br />Date <br />&MR,e(7. /01qu <br />MARIA D. HUIZARO <br />CLERK CF THE MINCI(_ <br />201405 TSYS Payment Acceptance Applications Page 2 of 3 CONFIDENTIAL. <br />