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- 38 - BANKaONE. BusinessCard CREDIT CARD AGREEMENT AND TRUTH-IN-LENDING STATEMENT This Agreement made and entered into this 26th day of M;:¡rrh ' 19 ~ by and between the Bank One, Arizona, NA, located at P.O. Box 71, Phoenix, AZ 85001 (hereinafter called "Bank") and City of San Marr.n<::: Company Name 630 E. Hopkins Address San M":I.rcos, TX 78666 ~ CJty State Zip Code (he, after called "Company" WHEREAS. Bank Is a member and licensee of MasterCard International IncorpOfSted duly authorized to issue MasterCar~ BusinessCard Credit Card (hereinafter called "Cards") and to enter into corporate agreements regarding such issuance, and, WHEREAS, Bank desires to make available Bank One Business Cards for issuance to designated emp~t%: of Company that :Jre eligible fO( said card for business purposes, The parties hereby agree as follows: 1. To be bound by all of the terms of the Arizona Revised Statutes Subsection 44-120SC.; by the conditions contained herein; and by any revision or modification hereof made upon due notice. All provisions apply to all Cards issued on Company authorization to other person or any Authorized User of the Card (all of which are collectively referred to herein as "Authorized User"). 2. Bank may modify the terms and conditions of this Agreement at its election by written notification at least fifteen (15) days in advance of the effective date of change stated in the notification, or upon such other notice period as may be required by applicable law. Unless otherwise indicated in thai notice, all such changes will apply to all existing debt balances and all future debt balances, until subsequent notice of revisions. 3. To incur no charges and obtain no loans in excess of the credit limit specifically authorized by 8<lnk. Any extension of credit made 0( honOf"ed by Bank shall be at such times and in such amounts as shall confOf"m to the terms of this Agreement. Bank may change my credit limit or separate the amount of my credit limit into available credit fO( Purchases and Advances. If the credit limit is changed 0( separated. I will be notified. Bank may reinvestigate any mfOf"mation I provided on Bank's credit application at any time, and in the course of doing so, Bank may request additional information, credit bureau reports . andJor otherwise verify my current credit standing. 4. Bank may, at any time, with 0( without legal cause, and without in any way affecting my obligation to Bank, cancel or limit any and all credit privileges available to me or any Authorized User and revoke the Card. The Card is and remains 8<lnk's property. Company will surrender or cause to be surrendered an Cards to Bank representatives on demand. Cards are not transferable without prior written permission of and instruction from Bank. S. In the event of (a) my failure to pay when due any minimum monthly payment or any other indetXedness incurred hereunder 0( through the use of the Card, or (b) my breach of any promise or agreement contained herein, 0( (c) commencement of bankruptcy, insolvency or similar proceedings by Of" against me, or (d) my death 0( incompetence, or (e) the occurrence of any adverse change in my financial condition which Bank reasonably deems material and would adversely affect my ability to make required payments, or (I) my failure to supply Bank any of the financial information required by or reasonably requested by Bank under this Agreement, Bank may take whatever remedies are available to it. including but not limited to, cancelling or limiting any and all credit privileges available to me or any AuthO(ized User, revoking the Card and declaring the entire amount of the outstanding balance of the Card account due and payable at once. Company hereby agrees to pay reasonable collection costs and attorneys' fees incurred in collecting amounts due. S. To pay to Bank in U.S. Dollars at such place and time as Bank designates, and in acrordance with billings made by Periodic Statements. the total amount of indebtedness incurred through the use of Card by Company or any Authorized User, including applicable finance and other charges. I 7. Company shall pay a nonrefundable Annual Fee for each account. based on the following Bank One BusinessCard fee schedule: Fee for each iI of Ac1:ounts Account Number 1- 9 Accounts $40 1 D-49 Accounts $30 50 + Accou n ts $20 The Annual Fee will be automatically billed as a "Purchase", to the account on the third banking business day of the month following the opening date. and on the anniversary fo the initial fee assessment each year thereafter. The Annual Fee provides for one card to be issued on one Bank One BusinessCard account number. Any cards issued on the same account number will be assessed a yearly Additional Card Fee of $10 each. The fee will be charged as a portion of and reflected in the account's yearly Annual Fee. When additional cards are requested and issued after the assessment of the yearly Annual Fee, the Additional Card Fee of $10 will be prorated and billed to the account at the time of the request. 8. A Finance Charge shall be imposed upon the following conditions: Cash Advances "Advances": Advances of cash may be obtained at any oHice of Bank or any MasterCard Member Bank by use of the Card. All such Advances WI ear a mance arge upon all such amounts outstanding from the date the funds were disbursed to or for Company until payment in full is received and posted to that balance. Merchandise/Services "Purchases"): On all indebtedness arising from the use of the Card for purchases of merchandise or services. a Finance Charge WI e Impose upont e verage aily Balance" of Purchases (excluding Advances) only if the New Balance is not paid in full (and posted to the Card account) by the Payment Due Dale shown on the Periodic Statement. Period Without Finance Charge: To avoid Finance Charges on Purchases balances. the entire account balance (shown as New Balance) must be paid in full and posted by the Statement's ¡5'ayment Due Date. There is no period without Finance Charge for Advances because a Finance Charge is impos. ed daily upon those balances from date the funds were disbursed until paid in full. If the New Balance Includes Advances. payment of the New Balance shown on the Statement will not fully pay the Company's account because ney; Finance Charges will have accrued daily from the Billing Date unlil the date payment is posted. If the Company desires to pay the New Balance (including Advances) and all additional accruals in full, it must call the telephone number shown on the front of the Statement and request a payoH Quotation as of a given date. IMPORTANT: Signatures are required on back of Agreement. c )024 Rev. 2193 Bank One, Arizona, NA 0 printed on recycled paper