No preview available
HomeMy WebLinkAboutC24-446 Cummins Inc._third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CUMMINS INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and between Cummins Inc. an Indiana 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 1st day of September, 2021 for certain Services (C21-295, the “Original Agreement”); and WHEREAS, by a First Amendment dated September 6th, 2022 (C22-295, the “First Amendment”) the term of the Original Agreement was extended to October 10th, 2023; and WHEREAS, by a Second Amendment dated October 6th, 2023 (C23-319, the “Second Amendment”) the term of the Original Agreement was extended to October 10th, 2024; and WHEREAS, the term of the Original Agreement expires on the 10th day of October, 2024 and the parties desire to extend the term of the Original Agreement for an additional year. 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 10th day of October, 2025. 1. County shall compensate Contractor for the performance of the Services in accordance with the fee schedule set forth in Exhibit A3, attached hereto and incorporated herein by reference. 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. Docusign Envelope ID: 33713C39-7A55-4E5A-BA5F-77C9D9AB1D65 10/29/2024 2 4. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 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: CUMMINS INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: 33713C39-7A55-4E5A-BA5F-77C9D9AB1D65 PEM Sales Manager, PG - Western US Travis Neely EXHIBIT A3 Docusign Envelope ID: 33713C39-7A55-4E5A-BA5F-77C9D9AB1D65 Docusign Envelope ID: 33713C39-7A55-4E5A-BA5F-77C9D9AB1D65