AMENDMENT NUMBER ONE TO PORTAL AGREEMENT Ellie Mae, Inc. and First American
Exhibit 10.17
AMENDMENT NUMBER ONE
TO PORTAL AGREEMENT
Ellie Mae, Inc. and First American
THIS AMENDMENT NUMBER ONE (“Amendment”) is made this May 1, 2009 (the “Amendment Effective Date”) by and between Ellie Mae, Inc., a California corporation (“Ellie Mae”) and First American Real Estate Solutions LLC, a California limited liability company, First American CoreLogic, Inc., a Delaware corporation (successor-in-interest to First American Real Estate Solutions, L.P.), eAppraiseIT LLC, a Delaware limited liability company, First American Title Insurance Company, a California corporation, First Advantage Credco, LLC (dba First American Credco), a Delaware limited liability company, First American Flood Hazard Certification LLC, a Delaware limited liability company, and First American Real Estate Tax Service, LLC, a Delaware limited liability company (collectively, “First American”), and amends the Portal Agreement dated January 1, 2007 between Ellie Mae and First American.
WITNESSETH
WHEREAS, First American and Ellie Mae desire to amend the Portal Agreement pursuant to the terms set forth below.
NOW, THEREFORE, in consideration of the premises and mutual covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
| 1. | The preamble of the Agreement is hereby amended to reflect that First American CoreLogic, Inc. is the successor-in-interest to First American Real Estate Solutions L.P. |
| 2. | The preamble of the Agreement is hereby amended to add First Advantage Credco LLC as a party to the Agreement. |
| 3. | The preamble of the Agreement is hereby amended to replace First American Real Estate Solutions of Texas, L.P., a Texas limited partnership, with First American Real Estate Tax Service LLC and First American Flood Hazard Certification LLC, as tax and flood services are now provided through their own respective companies. |
| 4. | Wherever found in the Agreement, Amendments, Exhibits or Schedules, “First American Nationwide Documents” is hereby deleted and replaced with “First American Loan Production Services.” |
| 5. | Section 11.5 (Notices) is hereby amended to omit “Kathleen M. Collins” and reflect that notices sent to First American Real Estate Information Services, Inc. should be directed to “General Counsel.” |
| 6. | Schedule A is hereby replaced in its entirety with the attached, updated Schedule A dated February 2009. |
| 7. | Except as expressly set forth in this Amendment, the Agreement shall remain in full force and effect and unchanged. |
IN WITNESS WHEREOF, First American and Bank each have caused this Amendment to be signed and delivered by its duly authorized representative.
| Ellie Mae, Inc. | First American Real Estate Solutions LLC | |
| /s/ Richard Roof | /s/ Craig J. Zinda | |
| Signature | Signature | |
| Richard Roof | Craig J. Zinda | |
| Name | Name | |
| SVP | V.P. | |
| Title | Title | |
| First American CoreLogic, Inc. | First American Flood Hazard Certification LLC | |
| /s/ Margaret Yonkovich | /s/ Vicki Chenault | |
| Signature | Signature | |
| Margaret Yonkovich | Vicki Chenault | |
| Name | Name | |
| CFO | President | |
| Title | Title | |
| First American Real Estate Tax Service LLC | First Advantage Credco, LLC (dba First American Credco) | |
| /s/ Lucy A. Przybyla | /s/ John T. Bauer | |
| Signature | Signature | |
| Lucy A. Przybyla | John T. Bauer | |
| Name | Name | |
| President | EVP | |
| Title | Title | |
| First American Title Insurance Company | First American Title Insurance Company | |
| /s/ Michelle Eberhart | /s/ Larry Godec | |
| Signature | Signature | |
| Michelle Eberhart | Larry Godec | |
| Name | Name | |
| V.P., Director, Cross-Sell Division | CIO | |
| Title | Title | |
| eAppraiseIT LLC | ||
| /s/ David Feldman | ||
| Signature | ||
| David Feldman | ||
| Name | ||
| President | ||
| Title | ||
