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DocuSign Envelope ID: 7BAFA4EF- DE91- 4D64- A904- 630EDDFF2843 <br />(Orange County, NC) SECOND ADDENDUM TO THE TERMS OF SERVICE FOR GOVERNMENT OS.14.18 <br />6. Section 12.3 Disclaimer of Warranties is hereby deleted. <br />7. In Section 14, Limitation of Liability, the following is added after the term "Therefore" in the second sentence: "to the <br />extent not prohibited by Article V of the North Carolina State Constitution, ". <br />8. The following are added to Section 18: <br />18.19 The maximum amount payable to Elavon for Elavon fees under this Agreement shall not exceed $9,000.00 <br />for the Initial Term. This amount may not be exceeded without a written amendment duly executed by the Parties. <br />Company acknowledges that Elavon will not monitor this amount and will continue to process Transactions from <br />Company, and Company takes sole responsibility to track and seek increases to this amount as necessary to cover all <br />amounts owed under this Agreement. <br />18.20 By executing this Agreement, Elavon affirms that Elavon is and shall remain in compliance with Article 2 <br />of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Elavon certifies that Elavon has not <br />been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State <br />Treasurer pursuant to G.S. 147 - 86.58. Elavon shall at all times remain in compliance with all applicable local, state, and <br />federal laws, rules and regulations including but not limited to all state and federal non - discrimination laws, policies, <br />rules and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each <br />policy is incorporated herein by reference and may be viewed at <br />http: / /www.oran eg countync. og v/ departments / purchasing_ division /contracts.php.) <br />18.21 This Agreement together with any amendments or modifications may be executed electronically. All <br />electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11 A and Article 40 of the <br />North Carolina General Statute Chapter 66. <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Addendum. <br />ORANGE COUNTY, NC on behalf of the Health <br />Dep ens44ho,>- (COMPANY"): <br />�jbl�,�ut, %iGUMwtI,V'S�d,l1 <br />By:_e3 �anr�� <br />Name: Bonnie Hammersley <br />EL N;Ji(dpr <br />By: 211R1 7 <br />Name: <br />Timothy Miller <br />Title: County Manager Title: Senior vice President <br />Date: 6/14/2018 <br />( "Second Addendum Effective Date ") <br />M , '` lbRSigned by: <br />By: <br />Timothy Miller <br />Title: Senior vice President <br />