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WHEREAS, the Parties have agreed to update the Order Form to reflect that agreement. <br />AGREEMENT <br />NOW, THEREFORE, in view of the foregoing Recitals and in exchange for the promises set forth <br />herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the <br />Parties hereby agree as follows: <br />1.Recitals and Definitions. The above Recitals are hereby incorporated by this reference as <br />though set forth at length herein. Any capitalized terms used herein but not specifically defined herein shall <br />have the meaning ascribed to them in the Order Form. <br />2.Amendment. The Parties agree that the table in Section 2 of the Order Form is hereby deleted <br />in its entirety and replaced by the following table, as if such table were included in the Order Form as of <br />December 20, 2023: <br />Convenience Fee – paid by end users <br /> Cards (Credit/Debit - Visa, MasterCard, Discover, Apple Pay, Google Pay) <br />Customer / Transaction Type Fee per Transaction Transaction Limit <br />Residential & Commercial 2.50% USD $100,000.00 <br />Absorbed Fee – paid by Customer <br /> ACH / eCheck <br />Customer / Transaction Type Fee per Transaction Transaction Limit <br />Residential & Commercial $0.15 USD $100,000.00 <br />Other Fees and Terms <br />x Chargebacks: $5.00 per chargeback (applicable to Cards above) <br />x Returned ACH - Insufficient Funds (NSF) – $2.50 per ACH NSF Return <br />x Returned ACH – Unauthorized $4.95 per ACH Unauthorized Return <br />x One time and AutoPay – ACH, Card and PayPal are available for One Time and AutoPay. Venmo is only available for One Time Pay. <br />x Terms Apply: Standard card and bank terms apply. Apple Pay and Google Pay functionality may be restricted to respective browsers. <br />x The pricing stated in the Order Form assumes an Average Payment Amount for the card transactions to be $504.86 and for ACH transactions to <br />be $504.86. <br />x Provider will provide City, in writing, with a summary/total amount of all convenience fees collected from City's customers on a monthly basis, at <br />the same time it provides City with its monthly invoices. <br />     <br />  <br />AMENDMENT NO. 4 <br /> TO <br />ORDER FORM FOR PREMIUM PAYMENT SERVICES <br />This Amendment No. 4 (this “Amendment”) to the Order Form for Premium Payment Services <br />dated December 20, 2023 (“Order Form”), is made by City of Pleasanton (“Customer”) and Smart Energy <br />Systems, Inc. dba Smart Energy Water OBO iPaySmart, Inc. (“Provider”) as of ______ __________ (“Amendment Effective Date”). Customer and Provider are hereinafter at times referred to singularly as <br />a “Party” and collectively as the “Parties.” <br />RECITALS <br /> WHEREAS, the Parties agreed that Provider will receive a 2.5% convenience fee in connection with <br />card processing since the date the Order Form was originally entered into. <br />Docusign Envelope ID: 8554268A-3B16-47CD-A583-5329ACD47579