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AMENDMENT NO. 1 <br /> TO <br /> AGREEMENT FOR COLLECTION SERVICE <br /> <br /> THIS IS AMENDMENT NO. 1 to that certain Agreement for <br />Collection Service, dated December 29, 1988, between PAYCO- <br />GENERAL AMERICAN CREDITS, INC. ("COLLECTOR") and the CITY OF <br />PLEASANTON ("CLIENT"), and this Amendment is dated this <br />day of , 1989. <br /> <br /> RECITALS <br /> <br /> WHEREAS, COLLECTOR has agreed to collect on CLIENT'S <br />behalf certain accounts; and <br /> <br /> WHEREAS, said accounts include debts for the cost of <br />emergency responses, as provided in the Government Code <br />§§53150, et seq.; and <br /> <br /> WHEREAS, the validity or legality of these debts may be <br />challenged by third parties. <br /> <br /> NOW, THEREFORE, for the promises expressed in this <br />Amendment, as well as in the original Agreement, the parties <br />agree as follows: <br /> <br /> 1. Section 10 of the Agreement is amended to read as <br />follows: <br /> <br /> "10. A. As further consideration for the receipt and <br /> handling and collection of accounts by <br /> COLLECTOR, and for the services rendered to <br /> CLIENT by COLLECTOR, the parties agree that <br /> each party will assume its own proper <br /> responsibility in connection with any claims <br /> made by a third party against CLIENT and/or <br /> COLLECTOR. If the acts of the agents, <br /> servants and employees of COLLECTOR <br /> are the proximate cause of any action brought <br /> against CLIENT, the COLLECTOR will assume full <br /> responsibility for the defense of said action <br /> and the payment of any resulting judgment. If <br /> the acts of the agents, servants and employees <br /> of CLIENT are the proximate cause of any <br /> action brought against COLLECTOR by a third <br /> party, then CLIENT will assume full <br /> responsibility for the defense of said action <br /> and payment of any resulting judgment. <br /> <br /> B. Notwithstanding the provisions of Section 10A <br /> above, in the event that there are any claims, <br /> demands, suits or actions made or filed by <br /> third parties against COLLECTOR, which claims, <br /> <br /> -1- <br /> <br /> <br />