HomeMy WebLinkAboutC2008-248 - 6/16/2008 - NASECOND AMENDMENT TO WELLS FARGO MERCHANT AGREEMENT
This Amendment (the "Amendment") to the Merchant Agreement, which includes the Merchant
Processing Application, the Program Guide and the schedules thereto and documents incorporated
therein, each as amended from time to time (collectively, the "Agreement") is entered into on the last date
signed below (the "Effective Date") between Wells Fargo Merchant Services, L.L.C., with offices at
1307 Walt Whitman Road, Melville, NY 11747 and Wells Fargo Bank, N.A., with offices at 1200 Montego
Way, Walnut Creek, CA 94598 (collectively, "SERVICERS") and CITY OF CORPUS CHRISTI, with
offices located at 1201 LEOPARD STREET, CORPUS CHRISTI, TX 78401 (hereinaftercnllectively
referred to as "MERCHANT").
WITNESSETH:
WHEREAS, SERVICERS and MERCHANT have fully negotiated in good faith and agreed to
revise and/or modify certain provisions of the Agreement, and now desire to amend the Agreement as set
forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and benefits to be derived from
the Agreement and this Amendment and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by both parties, SERVICERS and MERCHANT agree that
the terms set forth below shall be incorporated into, and become a part of, the Agreement and the parties
further agree to be legally bound by the following new terms and to amend the Agreement as follows:
MERCHANT understand and agree upon execution of this document, that all future Additional or
Secondary Location(s) requested shall be included in and governed by the Merchant Processing
Agreement previously entered into between MERCHANT and SERVICERS, which Agreement
includes the Merchant Application, the Program Guide, all pricing and other schedules thereto
and documents incorporated therein, each as amended from time to time (collectively, the
"Agreement").
2. MERCHANT reaffirms and agrees that MERCHANT shall continue to be subject to the most
recent version of the SERVICERS' Operating Procedures together with any revisions thereto, as
amended from time to time. For MERCHANT'S reference, the most recent version of such
Operating Procedures is attached hereto and incorporated herein.
3. All other provisions of the Agreement shall remain unchanged and in full force and effect.
This Amendment may be executed in two or more counterparts, each of which will be deemed an
original and all of which together will constitute one instrument. This Amendment may be executed and
delivered by facsimile and the parties agree that such facsimile execution and delivery shall have the
same force and effect as delivery of an original document with original signatures, and that each party
may use such facsimile signatures as evidence of the execution and delivery of this Amendment by all
parties to the same extent that an original signature could be used.
Except as set forth herein, the terms and conditions of the Agreement shall remain in full force
and effect; rop vided however, that if any term or condition of the Agreement conflicts with or is
inconsistent with any term or condition of this Amendment, the terms and conditions of this Amendment
shall govern, prevail, and control. All references to the Agreement shall include this Amendment.
2008-248
06/16/08
Wells Fargo Merchant Services
IN WITNESS WHEREOF, by the signature of its duly authorized representative below, Client,
intending to be legally bound, agrees to all of the provisions of this Amendment as of the day of
June, 2008.
CITY OF CORPUS CHRISTI
Wells Fargo Merch nt Services, L.L.C.
and Wells Fars~o B~k. N.A.
sy:
Titlc
Prin
Date
Approved 8s to form: ~'~'"< < 1 ~ ~p O L
o<,.f/y~
Lisa Aguilar
Assistant Ci ttorney
For City Attorney
ARMANDO CHAPP
CITY SECRETAR"
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Title:
Print Name:
Date:
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