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FIRST AMENDMENT TO <br />ON-LINE SERVICES AGREEMENT <br /> <br /> THIS THIRD AMENDMENT TO ON-LINE SERVICES AGREEMENT <br />(the "Amendment") is made and entered into as of the__th day of 2003, by and <br />between EZGOV, INC., a Delaware corporation, ("EzGov") and CASS COUNTY, <br />NORTH DAKOTA, a public entity acting by and through its duly elected <br />representatives ("Customer"). <br /> <br />WITNESSETH: <br /> <br /> WHEREAS, EzGov and Customer are parties to an On-line Services Agreement <br />dated August 1, 2000 (the "Services Agreement"); which was amended for the first time <br />on August 10th, 2001 and was amended for the second time on September 3rd, 2002. <br /> <br /> WHEREAS, Customer desires to renew the Services Agreement for an additional <br />term of one (1) year; <br /> <br /> WHEREAS, EzGov desires to renew the Services Agreement for a term of one <br />(!) year provided that Customer pays a subscription fee of $10,000.00 for the renewal <br />term; and <br /> <br /> WHEREAS, subject to the terms and conditions set forth herein, the parties <br />desire to amend the Services Agreement as provided herein. <br /> <br /> NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises, the <br />mutual promises, covenants and agreements contained herein, and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />the parties hereto agree as follows: <br /> <br />The Services Agreement is hereby amended by deleting the first sentence <br />of Section 5 and replacing it with the following: "Customer agrees to pay <br />EzGov a subscription fee of $10,000.00. In addition, Customer agrees that <br />it will pay EzGov a transaction fee of $1.50 per transaction for each <br />transaction processed using the EzGov application beginning with the <br />251st transaction. <br /> <br />The Services Agreement is hereby amended by deleting Section 9(a) in its <br />entirety and replacing it with the following: "This Agreement shall <br />commence as of the date hereof and remain in effect for one (1) year <br />unless earlier terminated by either party as set forth in Section 9(b)." <br /> <br />Except as amended hereby, the terms and conditions of the Services <br />Agreement shall remain in full force and effect. <br /> <br /> <br />