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HomeMy WebLinkAboutC25-291 ADB Safegate_first amendmentFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ADB SAFEGATE AMERICAS, LLC THIS FIRST AMENDMENT (“First Amendment”) is effective as of ____________ by and between ADB Safegate Americas, LLC (hereinafter “Manufacturer”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 25th day of June, 2025 for certain Services (the “Original Agreement”); and WHEREAS, upon execution of the Original Agreement, Manufacturer determined the Original Agreement contained terminology referring to Manufacturer as “Contractor” and commissioning as “installation;” and WHEREAS, Manufacturer desires to amend the Original Agreement to be referred to as Manufacturer rather than Contractor and to refer to installation as commissioning; and WHEREAS, the parties do not desire to amend, alter, or change any material terms contained in the Original Agreement. FIRST 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 term “Contractor” in the Original Agreement shall be replaced with the term “Manufacturer,” with the exception of references to subcontractors and use of the term “independent contractor” in Section 14.l. 2. The terms “install” and “installation” in the Original Agreement shall be replaced with the terms “commission” and “commissioning,” respectively. 3. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this First 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: FB047165-87AD-4B21-8FC0-AA060246DF2E 7/2/2025 2 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First 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 MANUFACTURER ADB SAFEGATE AMERICAS, LLC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: FB047165-87AD-4B21-8FC0-AA060246DF2E Regional Sales Director Lauren Hough