2020.03.02 CC Packet - Laserfiche WebLink

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.N C. Providing Information. Account Holder must provide American Express promptly, upon request, information about Account Holder's and its affiliates' finances, creditworthiness, and operations, including the most recent certified financial statements. P. Indemnification. If and to the extent that the acts of omissions of Account Holder and/or its Customers cause American Express to exercise its right to establish a Reserve, Account Holder shall indemnify and hold PSN harmless from and against all amounts reserved, costs, expenses, reasonable attorneys' fees and legal expenses, except to the extent that the loss resulted from PSN's own negligence or intentional misconduct. Without limiting the generality of the foregoing, PSN reserves the right to establish and apply a Reserve under the principles contained in this Section 2 in the event American Express reserves amounts owed to PSN based on the acts or omissions of Account Holder and/or its Customers.] 3. Additional Provisions Required by American Express. A. American Express as Third Penry Beneficiary. American Express is a third party beneficiary of the Agreement (and all applicable addenda) with full right authority to enforce the Agreement and applicable addenda against Account Holder. For avoidance of doubt, nothing contained herein shall impose any obligations on American Express under the Agreement or any addenda to the Agreement. B. Merchant Regulations. Account Holder agrees to comply with and be bound by all Merchant Regulations published by American Express from time to time, as amended (the "Merchant Regulations") which are applicable to "Sponsored Merchants" including, without limitation, Section 13 of the Merchant Regulations. The applicable provisions of the Merchant Regulations are incorporated herein by this reference. Account Holder acknowledges that PSN has provided Account Holder with a copy of the Merchant Regulations as of Addendum Effective Date and that Account Holder is responsible for obtaining, and complying with, any amendments to the Merchant Regulations. 4. Term and Termination. The term of this Addendum shall commence on the Addendum Effective Date, and shall continue until the first to occur of expiration or termination of the Agreement, or the date on which PSN ceases providing Amex Services. Notwithstanding the previous sentence, PSN may terminate the Amex Services immediately upon notice to Account Holder if PSN determines in its sole discretion that Account Holder has breached this Addendum or violated the Merchant Regulations. 5. Fees. The per transaction and other fees charged for the Amex Services shall be those specified in Schedule B to the Agreement (the "Fee Schedule"), as such Fee Schedule may be amended from time to time. Account Holder acknowledges and agrees that the effectiveness of this Addendum is expressly contingent upon Account Holder's execution of a Fee Schedule (or amended Fee Schedule, if applicable) that includes transaction fees for the Amex Services. 6. Relationship to Agreement. This Addendum is made a part of the Agreement, and describes additional services that are being made a part of the Services under the Agreement. The terms of the Agreement shall apply to the Amex Services, and such Amex Services shall be considered part of the Services under the Agreement. In the event of a conflict between the Agreement and this Addendum, this Addendum shall control. 7. Facsimile and Scanned Signatures. Faxed, photocopied and scanned signatures shall be acceptable to PSN, and legally binding on Account Holder ACCOUNT HOLDER: By: Name: Date Title: 2