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CONFIDENTIAL Section 31.1 of the MPA, Part II: General Terms & Conditions, is hereby amended to strike the word "faxed," such that the first sentence reads as follows: Unless otherwise expressly stated in this Agreement, all notices hereunder shall be in writing and either hand delivered, sent by electronic mail, sent by overnight courier, or mailed first class (postage prepaid). 13. Amendment to Section 41.2. Section 41.2 of the MPA, Part II: General Terms & Conditions, is hereby amended by deleting the following defined terms: Guarantor: means any party who signs on the Personal Guarantee signature line(s) of the Application. See section 29.2. Personal Guarantee: See section 29.2. Personal Guarantee: see section 29.2. This term may also be referred to as Personal Guaranty. 14. Authority. The Parties represent and warrant that the execution, delivery and performance of this Amendment does not: (i) violate, or result in the breach of, any provision of their respective organizational documents; (ii) conflict with, or result in the breach of, require consent under, or constitute a default under, any contract by which each respective Party is bound, or (iii) violate any Applicable Law or Card Organization Rules applicable to each respective Party, and (iv) upon execution, will constitute a legal binding obligation upon each Party. Each Party further represents that the person signing this Amendment on behalf of the Party is an Authorized Representative. For clarity, the person signing this Amendment on behalf of Bank is not a Sales Representative, is not subject to the restriction on the Merchant application that states "NO SALES REPRESENTATIVE IS AUTHORIZED TO ACCEPT OR AGREE TO ANY ALTERATIONS TO THIS AGREEMENT," and is authorized to accept and agree to alterations of the MPA. 15. Entire Agreement. Except as specifically amended hereby, the MPA, and all terms contained therein, remains in full force and effect. The MPA, as amended by this Amendment, constitutes the entire understanding of the parties with respect to the subject matter hereof. If an inconsistency exists between the terms of the MPA and the terms of this Amendment, the terms of this Amendment shall prevail with respect to such inconsistency. 16. Governing Law. Confidential Page 4 of 5 Internal