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(c) The table in Section I of Exhibit "C", Schedule of Compensation, is amended as <br /> follows: <br /> DESCRIPTION RATE TIME/month SUB-BUDGET/ <br /> month <br /> A. Wireless $110/hour 100 hours $11,000 <br /> telecommunications <br /> facilities project <br /> management <br /> B7 Contingency $2,500 <br /> Total for 622 months $24300242,000 <br /> 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 <br /> the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall <br /> mean 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 <br /> no written or oral modifications to the Agreement other than as provided herein. Each party <br /> represents and warrants to the other that the Agreement is currently an effective,valid,and binding <br /> obligation. <br /> Contractor represents and warrants to City that, as of the date of this Amendment, City is <br /> 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 Contractor that, as of the date of this Amendment, <br /> Contractor is not in default of any material term of the Agreement and that there have been no <br /> events that, with the passing of time or the giving of notice, or both, would constitute a material <br /> default under the Agreement. <br /> 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that <br /> they have each received adequate and independent consideration for the performance of the <br /> obligations 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 <br /> and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party <br /> is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement <br /> does not violate any provision of any other Agreement to which said party is bound. <br /> [SIGNATURES ON FOLLOWING PAGE] <br /> 01203.0005/415088.1 -2- <br />