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FIRST NATIONAL BANK OF OMAHA COMMERCIAL CARD AGREEMENT
<br /> This Commercial Card Agreement (the "Agreement is made as of February 1, 2011 (the "Effective Date between First National
<br /> Bank of Omaha (the "Bank and the undersigned business or governmental entity (the "Company (each, a "Party" individually, and
<br /> the "Parties" collectively). References to an article, section or sub section below refer to the designated segments of this Agreement,
<br /> unless otherwise indicated.
<br /> RECITALS
<br /> A. The Bank is a member of network organizations that process transactions for credit cards and charge cards (each, a
<br /> "Card Association including those cards the Bank issues for commercial use by its customers.
<br /> B. The Company currently has business credit cards and credit card accounts issued by Bank "Existing Account
<br /> C. The Company has requested a new commercial card account from the Bank and has directed the Bank to issue ten
<br /> (10) or more cards and provide related account services for the Company and its employees and agents.
<br /> D. The Bank is willing to issue new commercial cards and provide accounts and related services on the terms and
<br /> conditions set forth in this Agreement and its attached Schedules, Exhibits and Addendums, which are incorporated in the Agreement
<br /> by this reference.
<br /> In consideration of the premises and mutual agreements set forth in this Agreement, the Company and the Bank agree as follows:
<br /> ARTICLE 1
<br /> DEFINITIONS
<br /> Section 1.1 For purposes of this Agreement, the following terms shall have the meanings indicated below:
<br /> (a) "Account" means the master account the Bank establishes in the Company's name, associated with Cards
<br /> the Bank issues to the Company, Employees and Cardholders, and reflecting all Transactions made with Card Accounts of
<br /> Employees and Cardholders.
<br /> (b) "Application" means an application, submitted in the form and manner specified by the Bank, requesting
<br /> that the Bank open the Account or requesting that the Bank issue a Card and open a related Card Account for an Employee or
<br /> Cardholder.
<br /> (c) "Bank Affiliate" means all entities that are Controlling, Controlled by or under common Control with the
<br /> Bank, its parent First National of Nebraska, Inc., the Lauritzen Corporation or any financial services entities controlled by the
<br /> Lauritzen family.
<br /> (d) "Browser" means an Internet browser that complies with specifications set forth in the User Guide, used by
<br /> the Company in connection with the Online Services and the Online Services System.
<br /> (e) "Card" means any plastic card branded with a Card Association brand that the Bank issues to the Company,
<br /> an Employee or a Cardholder under the Program. Any reference to use of a Card in the Agreement shall also mean use of its
<br /> related Card Account.
<br /> (f) "Card Account" means each sub account the Bank establishes for Employees and Cardholders under the
<br /> Account, including those associated with use of a particular Card, those for which the Bank has not issued a Card, and
<br /> Guaranteed Accounts.
<br /> (g) "Card Account Statement" means an individual periodic statement the Bank prepares to disclose the
<br /> applicable balances, Transactions, and Program Fees and Charges for a Card Account at the end of each billing cycle.
<br /> (h) "Card Association Liability Program" means liability protection insurance coverage a third -party insurer or
<br /> Card Association may separately agree to provide the Company, to limit the Company's liability for Unauthorized
<br /> Transactions.
<br /> (i) "Cardholder" means an Employee designated by the Company or its Program Administrator to receive a
<br /> Card and who is authorized to use a Card and Card Account, including any person using an Unassigned Card for any reason
<br /> from time to time.
<br /> (j) "Cardholder Agreernent" means any agreement between the Bank and a Cardholder that governs a
<br /> Cardholder's use of a Card and Card Account, as amended from time to time, consistent with this Agreement.
<br /> (k) "Cash Advance" means the use of a Card or any check, instrument, certificate, device or method the Bank
<br /> permits for access to the Card Account, when used to obtain a cash advance or a Cash Equivalent Transaction or to initiate
<br /> any Transaction other than one designated as a Purchase by the Bank. Any such Cash Advance can result from transactions
<br /> made through the Bank, participating financial institutions, ATMs, point of sale terminals, or otherwise, regardless of
<br /> whether a Card was presented, the Cardholder's signature was obtained, or a personal identification number was assigned to
<br /> or used by a Cardholder.
<br /> (1) "Cash Equivalent Transaction" means a Cash Advance obtained through a merchant or service provider
<br /> that the Card Association has identified as a seller of travelers checks, foreign currency, money orders, wire transfers, lottery
<br /> tickets, funds used for wagers or gambling, or similar products or services.
<br /> Louisville CO Commercial Card Agreement 4Q10 vi .DOC Page 1 of 22
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