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HomeMy WebLinkAboutContract 35775-A4 CJYY 81CROYA CONTRACT NO, l �' FOURTH AMENDMENT TO COMMERCIAL CARD AGREEMENT I JPMORGAN CHASE BANK, N.A. V 4.0_92_15_08 THIS FOURTH AMENDMENT(the"Amendment") to Commercial Card Agreement dated as of August 31, 2007 between JPMorgan Chase Bank, N.A,(the"Bank"),and City of Fort Worth(the"Client")is made as of July 26,2013(the"Effective Date"]. The Bank and the Client agree to amend the Agreement as follows: 1. Definitions. Capitalized terms used in this Amendment and defined in the Agreement shall be used herein as so defined, except as otherwise provided herein. 2. Amendment, Section 17.H of the Agreement is hereby deleted in its entirety and replaced with the following: This Agreement may be amended only by a writing signed by the parties, provided, however,that, in the event the Bank is required to amend this Agreement due to(i) changes in applicable laws or regulations or(ii) changes in Association rules, the Bank may unilaterally change the terms of this Agreement upon thirty(30)days prior written notice to the Client. The Client shall be deemed to have accepted such change if the Client continues to use the Program following the effective date of such change. All remedies contained in this Agreement or by law afforded shall be cumulative and shall be available to the parties hereto. 3. Exhibit A. The definition of'Pa rticip ant'in Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following: "Participant' means the Client or a public entity, Nat-For-Profit organization or private university that has been approved by the Bank to participate under the Commercial Card Purchasing and Single Use Account programs provided to Client under this Agreement and which has executed an agreement in the form as attached hereto as'Exhibit C'(the"Participation Agreement)or in such other form as provided by the Bank from time to time. A. Exhibit A. The definition of'Southern States Consortium'in Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following: "J.P. Morgan Payment Solutions Consortium"means the City of Fort Worth, Texas and public entities, Not-For-Profit organizations and private universities that have been approved by the Bank. 5. Exhibit A. All references to"Southern States Consortium" in the Agreement shall be deemed to constitute references to"J.P. Morgan Payment Solutions Consortium". 6. Continued Effect. Except to the extent amended hereby, all terms, provisions and conditions of the Agreement, as it may have been amended from time to time,shall continue in full force and effect and the Agreement shall remain enforceable and binding in accordance with its terms. 7. Counterparts. This Amendment may be executed in any number of counterparts, all of which when taken together shall constitute one and the same document,and each party hereto may execute this Amendment by signing any of such counterparts. °F��DCITY1 T RECENED AUG 13 2013 Page 1 of 2 IN WITNESS WHEREOF,the Bank and the Client have caused this Amendment to be executed by their respective authorized officers as of the effective date written above. JPMORGAN CH E BA N.J. CITY OF FORT WORTH - ' By: By: Name: George Thompson Name: Z,,,- Susan Alanis Title: General Counsel,Global Commercial Card Title: Assistant City Manager City of Fort Worth Attestation: The undersigned, a duly authorized officer or representative of the Client,does hereby certify that the Client has been duly authorized to enter into and perform this Amendment and that the person signing abo�O�behalf of the Client, whose execution of this Amendment was witnessed by the undersigned, is an officer, partner, membe��jgfpvtative of the Client possessing authority to execute this Amendmen. 6, *000000% �ti a as By: ►cC� p c o�p t ONamMa J. Kayser D� a p Title City Secretary Q40v0G0 � � X���� 'Note: The person signing the attestation shall be someone different from%e person signing above on behalf of the Client. APPROVED AT TO FORM AND LEGALITY By: Title Assistant City Attorney N RECORDRETARYTH,TX Page 2 or 2