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i AD i 11 22. Force Majeure [7irst [faion, as wc91 as County. shall not he responsible for a dciity' or fadurc to perform title t[a causes or events flat within its control. including. without limitation. an ;lel of Gad or government. civil di,(rrh arccs. Parc or 011ier catastrophe. electrical or Computer failure, teleconuouaicalion ladare. Or delay ar lilillne ol'f'ounl%w acl- 23. Madificalion As specified in lire Cardholder Agrewmcat. First Union rescrvcs the right to change lire Cardhottler Agrccowot at any time. First Union shall nobly 111C County of any changes by sendhrg to the County and to the cwplu%ees Whit are Cardholders it COPY oil' tile unleaded Cardholder Agreement at least tltirty hill days prior to the cllcclive date of the change. In addition to First I ftrion's right to change the Cardholder Agrccmem. Virsl Union rescrvex the ri0it to antcnd the terms and conditions OI tine Account Agreement. Exhibills) :and SCrrvicc Schcalulct s). upon A least thirty (30) days' prior written notiec to the County. so long as the aniendalents are acWelatahk or boll, the Couatly and First Union. 'I'lte Counly shall be bound by lite amendment, it it ores or retains Purchasing Utrdls). on the Acconw. un Or alter the ellcelive slate ofthe change. 24. Assignment Firm Union may assign to others, including its parent. saltsddiaries or alliliaies nr to the successor or dark ring corporation of any such amity. all or any part Of its righae lander this \Lwernical. including all or aLIv part III' any' balances axing die Account ur Cardholders' Accounts. I his it6+y be done in first Union .n ntv time• and %villo,ot notice to Counly, sit lung as assiPnnient docs not place .any aehhttoatal nhltEation on Counly oilier lhan Contained is Ills Account Agiecntent. County shall hart uo right to assign ally nghts uadvr this Agreement xilhoul the prior mitten consentof 4sl Union. County shall harve• the right to temrinate the Agreintcnl in the eVCall of;assignmenl. 2:5. Waiver The I'rilure of either party to insist in tiny erne or nwrc instances, oil the PcrlitnnanWc of any terms wid conditions of this Agreement shall not be construed as a waiver or relingllishatenl litany rights grunted hereunder or of the Ilnure perforinance ofuny such term or condition, but the obligation of cilher part% wilt respect tliereto shall conlinue in tiill force and elfect. 26, Caverning Law [finless, otherwise provided ilk the applicable Service Schedule, tate Account Agrveraval and Service Schedules shall he construed is accordance with and governed by the laws ufill C Slate 1) 1' Florida. vvillIOU I regard to that ,t ane'S WOO it: ts of laves principles. Issocs re°laling to the aulhority of -lac Count% Mwil be governed wider alae toms of the Sante of Fhorldat and titat venue for any liaigatiun shall he ilk the stain and ii:deral courts for Indian River Counly. Florida. 27. Revenue Sharing Program First Union shall pay to C'oUllh, on im tnlnaal basis. it rebate of the Annual Charge Volume of tip basis Points 1-405). The Annual Charge Volume ,hall "Walk ahc act dehits ichargcs) actinFed by Uirdholders Through tilt use of the Purchasing Cards issued by First Union to C'oaint} under this Agrxnient, excluding all clash advances, credits. refunds. adjustments, credit losses, fraud, returnm intciest, and all other I'ee traimk0ions. related or not. F'ar Coolly to receive rcvclitle sharing they must make payment of the final alaonnl shown ;is due on Ilse naonthtdy conmolidated statement and this amount must he received by First Ifnioa National stank within 15 days, oiler the slalelneal cycle date. IN171 AN .'elsiun f 1119iv' Lost Rev. 5f6197