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HomeMy WebLinkAboutC24-175 Comcast Enterprise Services_third amendmentAmendment No. CO-292719-mande/A3 Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY SH-A Page 1 of 1 THIRD AMENDMENT to Comcast Enterprise Services Master Services Agreement No. CO-292719-mande This Third Amendment (“Third Amendment”), effective as of January 19, 2024 (“Effective Date”), is entered into by and between Comcast Cable Communications Management, LLC (“Comcast”) and (“Customer”), individually referred to herein as “Party” and jointly referred to as “Parties”. Capitalized terms used and not defined in this Third Amendment have the respective meanings assigned to them in the Agreement. Whereas, the Parties have previously entered into that certain Comcast Enterprise Services Master Services Agreement No. CO-292719-mande (as amended by the First Amendment dated August 4, 2020, and the Second Amendment dated January 10, 2022, collectively, the “Agreement”); and Whereas, the Parties desire to amend the Agreement by this Third Amendment to reflect the amended or additional terms and conditions to which the Parties have agreed to. Now, therefore, in consideration of the mutual covenants, promises, and consideration set forth in this Third Amendment, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Article 9.9, as established under the First Amendment, is hereby renumbered as a new Article 9.12 to the Agreement. 2. Article 9.9 of the General Terms and Conditions (version 4.0) is hereby modified to read as follows: “Choice of Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Colorado without regard to its conflict of laws principles. Any claim or controversy arising out of or relating to this Agreement shall be brought exclusively in federal or state court located in Eagle County, Colorado and the parties hereby consent to personal jurisdiction and venue in such court. Both parties hereby waive any right to a trial by jury.” 3. In the event of an explicit conflict between this Third Amendment and the Agreement, the provisions, terms and conditions of this Third Amendment shall take precedence in the interpretation of the explicit matter in question. 4. Except as otherwise modified by this Third Amendment, all other provisions, terms and conditions set forth in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment as of the day and year written below and the persons signing covenant and warrant that they are duly authorized to sign for and on behalf of the respective Parties. Eagle County Comcast Cable Communications Management, LLC Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: DocuSign Envelope ID: 3F9822E4-984F-4501-9278-459B597F5019 County Manager 1/26/2024 Jeff Shroll Michael Mazza 1/29/2024 VP, CB Sales Enablement