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2. Continuing Effect of Agreement. Except as amended by this Amendment, all <br /> provisions of the Agreement shall remain unchanged and in full force and effect. From and after the <br /> date of this Amendment,whenever the term"Agreement"appears in the Agreement,it shall mean <br /> the Agreement, as amended by this Amendment to the Agreement. <br /> 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and <br /> Contractor each ratify and reaffirm each and every one of the respective rights and obligations <br /> arising under the Agreement.Each party represents and warrants to the other that there have been no <br /> written or oral modifications to the Agreement other than as provided herein. Each party represents <br /> and warrants to the other that the Agreement is currently an effective,valid,and binding obligation. <br /> Contractor represents and warrants to City that,as of the date of this Amendment,City is not <br /> in default of any material term of the Agreement and that there have been no events that, with the <br /> passing of time or the giving of notice, or both, would constitute a material default under the <br /> Agreement. <br /> City represents and warrants to Contractor that,as of the date of this Amendment,Contractor <br /> is not in default of any material term of the Agreement and that there have been no events that,with <br /> the passing of time or the giving of notice, or both, would constitute a material default under the <br /> Agreement. <br /> 4. Adequate Consideration.The parties hereto irrevocably stipulate and agree that they <br /> have each received adequate and independent consideration for the performance of the obligations <br /> they have undertaken pursuant to this Amendment. <br /> 5. Authority. The persons executing this Agreement on behalf of the parties hereto <br /> warrant that(i)such party is duly organized and existing,(ii)they are duly authorized to execute and <br /> deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is <br /> formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does <br /> not violate any provision of any other Agreement to which said party is bound. <br /> [SIGNATURES ON FOLLOWING PAGE] <br /> 01203.0001/308425.1 -2- <br />