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CONFIDENTIAL Section 29.1 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 29.1: 29.1 In addition to, but not in lieu of any indemnification provision otherwise contained in this Agreement not pertaining to you, subject to the provisions and limitations of Section 768.28, Florida Statutes, as applicable and as the same may be amended from time to time, you agree to indemnify and hold us, our Affiliates and third party service providers harmless from and against losses, liability, damages, claims, penalties, costs, or expenses incurred arising from:(a) any breach or misrepresentation by you under this Agreement; (b) your or your employees' or your agents' unlawful, willful, negligent or fraudulent action or omission that is in any way related to this Agreement or the obligations of you or us hereunder; (c) your use of the Services, including any Software or Equipment provided under this Agreement; (d) any third party indemnifications or payments we are obligated to make as a result of any action or omission by you or your employees or your agents (including indemnification of any Card Organization or Issuer); (e) your use of any Cardholder Information or other customer information obtained in connection with your use of the Services; (f) the content or delivery of any marketing messages that you send or cause to be sent to any customer; or (g) any other persons authorized or unauthorized access and/or use of any Service, Software or Equipment, whether or not using your unique username, password, or other security features. 9. Amendment to Part II: General Terms and Conditions, Section 29.2 Section 29.2 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 29.2: 29.2 Intentionally Omitted. 10. Amendment to Part II: General Terms & Conditions, Section 30.1 Section 30.1 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 30.1: 30.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to any conflict of laws provisions. 11. Amendment to Part II: General Terms & Conditions, Section 30.2 Section 30.2 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 30.2: 30.2 Subject to the provisions and limitations of Section 768.28, Florida Statutes, as applicable and as the same may be amended from time to time, you shall be liable for and indemnify us and our affiliates, officers, directors, employees and agents against any and all attorney's fees, costs and expenses incurred by us in the enforcement of your obligations under this Agreement. 12. Amendment to Part II: General Terms & Conditions, Section 31.1 Confidential Page 3 of 5 Internal