FIRST AMENDMENT TO DATA CENTER AND DISASTER RECOVERY SERVICES AGREEMENT
Exhibit 10.8
FIRST AMENDMENT TO DATA CENTER AND
DISASTER RECOVERY SERVICES AGREEMENT
This First Amendment to Data Center and Disaster Recovery Services Agreement (the “First Amendment”) is entered into as of October 1, 2012, and amends that certain Data Center and Disaster Recovery Services Agreement dated August 10, 2009 (the “Agreement”) by and between OCWEN FINANCIAL CORPORATION, a Florida corporation (“Ocwen,” or together with its Affiliates, “Ocwen Group”) and ALTISOURCE SOLUTIONS S.À ▇.▇., a limited liability company organized under the laws of the Grand Duchy of Luxembourg (“Altisource,” or together with its Affiliates, “Altisource Group”).
Recitals
WHEREAS, pursuant to the Agreement, Altisource was to provide certain services to Ocwen for an initial term of eight (8) years, as set forth in Section 5(5.1)(a) of the Agreement; and
WHEREAS, Altisource and Ocwen now desire to extend the initial term of the Agreement through August 31, 2020.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants made herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. Amendment to ▇▇▇▇▇▇▇ ▇, ▇▇▇▇ and Termination, subparagraph (5.1)(a) to the Agreement. ▇▇▇▇▇▇▇ ▇, ▇▇▇▇ and Termination, subparagraph (5.1)(a) to the Agreement is hereby deleted in its entirety and replaced with the following:
(a) The initial term shall commence on the date of the Agreement and shall continue in full force and effect, subject to Section 5.1(b), until August 31, 2020 (the “Initial Term”), or the earlier date upon which this Agreement has been otherwise terminated in accordance with the terms hereof.
2. Amendment to Section 8, Miscellaneous, subparagraph (8.6) and Exhibit B to the Agreement. The notice address for Altisource specified in Section 8, Miscellaneous, subparagraph (8.6) and Exhibit B is hereby deleted and replaced with the following:
Altisource Solutions S.à ▇.▇.
291 route d’▇▇▇▇▇
▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Attn: Corporate Secretary
Fax No.: ▇▇▇-▇▇▇▇-▇▇▇▇
With a copy to: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇
3. Counterparts. This First Amendment may be signed in counterparts with the same effect as if both parties had signed one and the same document.
4. Agreement in Full Force and Effect as Amended. The terms and conditions of this First Amendment shall prevail over any conflicting terms and conditions in the Agreement. Capitalized terms that are used in this First Amendment not otherwise defined herein shall have the meanings ascribed to them in the Separation Agreement or the Agreement. Except as
specifically amended or waived hereby, all of the terms and conditions of the Agreement shall remain in full force and effect. All references to the Agreement in any other document or instrument shall be deemed to mean the Agreement as amended by this First Amendment. The parties hereto agree to be bound by the terms and obligations of the Agreement, as amended by this First Amendment, as though the terms and obligations of the Agreement were set forth herein.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed as of the date first written above by their duly authorized representatives.
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OCWEN FINANCIAL CORPORATION | ||
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By |
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |
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Name: |
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
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Title: |
President and Chief Executive Officer |
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ALTISOURCE SOLUTIONS S.À ▇.▇. | ||
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By |
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ | |
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Name: |
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ |
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Title: |
Manager |