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THIRD AMENDMENT TO FREQUENCY RECONFIGURATION AGREEMENT <br /> 5 - / 3 0 <br /> 400 $ - I5/ <br /> This third amendment to the frequency reconfiguration agreement (the "Amendment") dated this 16thday of <br /> 11 y , 2009, (the "Effective Date") amends and revises the Frequency Reconfiguration Agreement (the "FRA"), <br /> dated December 4 , 2007, as amended, between the County of Indian River, a political subdivision of the State <br /> of <br /> Florida, ("Incumbent"), and Nextel South Corporation ("Nextel "), a wholly owned indirect subsidiary of Sprint Nextel <br /> Corporation, a Kansas corporation (each referred to in this Agreement as a "Party" and collectively as the Parties .") <br /> Recitals <br /> A . The FRA was previously amended on Sey,rptember 10, 2008 , the First Amendment; and April 2, 2009 , the <br /> Second Amendment, <br /> B . Section 25 of the FRA, (Amendments) , requires that any amendment to an executed FRA be by a written <br /> agreement authorized by the representatives of all Parties with such Amendment to be approved by the Transition <br /> Administrator (the "TA") . <br /> C . Subsequent to the Parties ' signing of the FRA, a Change Order was received from the Incumbent for the <br /> Aegis Encryption Kits and installation of the kits into the six (6) M7100 Replacement Mobiles . The original <br /> inventory was incorrect for the Felismere Police Department , a user agency on Indian River's System ; and it was <br /> determined that six (6) of their replaced MDX mobiles have the Aegis Encryption Feature . Therefore the six (6) <br /> M71000 Replacement Radios for these six (6) MDX radios had to be modified to include the Aegis Encryption <br /> capability. The Parties desire to amend the FRA Schedule C and Schedule D to reflect the Change Orders . <br /> For good and valuable consideration, the receipt of which the Parties hereby acknowledge, Incumbent and Nextel <br /> hereby agree to amend the Agreement as follows : <br /> 1 . Schedule C- Schedule C is deleted in its entirety and replaced with the attached amended Schedule <br /> C , <br /> Exhibit 1 . The revised costs for Schedule C are Nine Hundred Twenty-Five Thousand, Seven Hundred Two <br /> Dollars and Sixty- Six Cents ($925 , 702 . 66) . <br /> 2 . Schedule D - Schedule D is deleted in its entirety and replaced with the attached amended Schedule <br /> D, <br /> Exhibit 2 . <br /> 3 . Chance Order: The Change Order amending Schedule C and Schedule D is attached as Exhibit 3 . <br /> All capitalized terms not defined herein shall have the definitions set forth in the Agreement. Except as set forth <br /> above, there is no other revision or amendment to the Agreement or the obligations of the Incumbent and Nextel, and the <br /> Agreement remains in full force and effect. <br /> IN WITNESS WHEREOF, the Parties have signed this Amendment as of the date first written above . <br /> Incumbent : Nextel : <br /> County,pf Indian Diver (FL) Nextel South Cor ora ' on <br /> By : By : , <br /> Nance : esleyT S , -,Davis Name : Wi am Jenkins <br /> Title : Chairman Title : Vie President Spectrum Transitions <br /> Approved :_July 16 ,G 2009 <br /> Attest: J . Barto`` Clcrk <br /> By plc : <br /> Incumbent: County of Indian River, FL Page 1 of 14 APPROVED AS TO FM <br /> DL# 8910427967 AND AL FF I Y <br /> 3rd Amendment 6/2009 <br /> B <br /> WILLIAM K. DEBRAAL <br /> DEPUTY COUNTY ATTORNEY <br />