2020.03.02 CC Packet - Laserfiche WebLink

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PSN AMERICAN EXPRESS ADDENDUM This PSN American Express Addendum to the Payment Service Network, Inc. Agreement for Service ("Addendum") is executed by the undersigned Account Holder on the date first written below (the "Addendum Effective Date"). RECITALS A. Payment Service Network, Inc. ("PSN") and Account Holder are parties to an Agreement for Service (the "Agreement"). B. Account Holder wishes to have PSN accept payments from Customers via the American Express Card through the Site, or otherwise (phone in or fax in) (the "Amex Services"). C. Account Holder agrees that the Amex Services shall be added to the "Services" provided pursuant to the Agreement. D. American Express Travel Related Services, Inc. ("American Express") requires certain provisions to be included in the Agreement as a condition of PSN providing the Amex Services, and the parties wish to include such addition terms in the Agreement as provided in this Addendum. E. Capitalized terms which are not defined in this Addendum shall have the meaning assigned to such terms in the Agreement. NOW, THEREFORE, in order to carry out the intent of the foregoing recitals, which are made a contractual part of this Addendum, the Account Holder agrees as follows: 1. Addition of Amex Services. The Amex Services are hereby added to the definition of "Services" being provided pursuant to the Agreement. Account Holder hereby authorizes PSN to accept payments made via the American Express Card and to submit American Express Card charges on behalf of the Account Holder and its Customers. 2. Reserves Required by American Express. The following reserve provisions are hereby added to the Agreement, as required by American Express. The following provisions shall only apply to governmental entities to the extent permitted by applicable law: A. Creating a Reserve. In its agreement with PSN, American Express has the right, in its discretion, to determine that it is necessary to establish a reserve ("Reserve"). If American Express believes that its needs to create a Reserve, it may immediately establish a Reserve, increase any existing Reserve, or terminate this Addendum. American Express may establish a Reserve by (i) withholding amounts from payment American Express would otherwise make to Account Holder (or to PSN for the benefit of Account Holder) or (ii) requiring Account Holder to deposit funds or other collateral with American Express. Any collateral provided pursuant to this Section is subject to the prior written approval of American Express. American Express may increase the amount of the Reserve at any time so long as the amount of the Reserve does not exceed an amount sufficient, in American Express' reasonable judgment, to satisfy any financial exposure or risk to American Express (including charges submitted by Account Holder for goods or services not yet received by American Express card members and American Express' costs of handling disputed charges). B. Application of Reserve. American Express may deduct and withhold from, and recoup and set-off against, the Reserve (1) any amounts owed to American Express or any of its affiliates; (ii) any costs incurred by American Express in connection with the administration of the Reserve, including attorneys' fees; and (iii) any costs incurred by American Express as a result of Account Holder's failure to fulfill any obligations to American Express, any of its affiliates, or to American Express card members, including attorneys' fees and American Express' costs of handling disputed charges.