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"Unless earlier terminated in accordance with Article 7 of this Agreement,the term <br /> of this Agreement shall be September 1, 2016, to June 30, 202 . <br /> The term of this Agreement may be extended up to twodee years,by exercising up <br /> to two fee one-year options,based on Contractor performance and mutual consent." <br /> 2. Continuing Effect of Agreement. Except as amended by Amendments No. 1, all <br /> provisions of the Agreement shall remain unchanged and in full force and effect.From and after the <br /> date of this Amendment No. 1,whenever the term"Agreement"appears in the Agreement, it shall <br /> mean the Agreement, as amended by Amendments No. 1 to the Agreement. <br /> 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and <br /> Consultant 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 /> Consultant represents and warrants to City that,as of the date of this Amendment No. 1,City <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 /> City represents and warrants to Consultant that, as of the date of this Amendment No. 1, <br /> Consultant is not in default of any material term of the Agreement and that there have been no events <br /> that, with the passing of time or the giving of notice, or both, would constitute a material default <br /> under the 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 No. 1. <br /> 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties <br /> hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to <br /> execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this <br /> Amendment No. 1,such party is formally bound to the provisions of this Amendment No. 1,and(iv) <br /> the entering into this Amendment No. 1 does not violate any provision of any other agreement to <br /> which said party is bound. <br /> [SIGNATURES ON FOLLOWING PAGE] <br /> 01203.0006/559179.2 -2- <br />