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HomeMy WebLinkAboutC22-391 DMI Techologies_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DMI TECHNOLOGIES, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of _____________ by and between DMI Technologies, Inc., a Texas corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 8th day of January, 2020(C20-015), for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated December 9th, 2020 (C20-435) the term of the Original Agreement was extended to January 8th, 2022 and; WHEREAS, by a Second Amendment dated December 7th, 2021 (C21-423), the term of the Original Agreement was extended to January 8th, 2023; and WHEREAS, the term of the Original Agreement expires on the 8th day of January, 2023 and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Second Amendment. THIRD AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to extend the term to the 8th day of January, 2024. 2. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Third Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: 139760BD-0D19-40C5-823C-AF73564D222A 12/2/2022 2 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR DMI TECHNOLOGIES, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 139760BD-0D19-40C5-823C-AF73564D222A Samantha Tiller President