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WHEREAS,the parties desire to amend the Contract to allow for the installation and operation of Fleetzoom. NOW, THEREFORE, in consideration of these premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, covenant and agree to amend the Contract as follows: 1. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the following: RAIN FLAP REMOVAL PROJECT. The Contractor shall undertake and complete the Rain Flap Removal project at the landfill which is the removal of a temporary liner feature originally installed within Segment 3 Cell 1 to minimize the generation of leachate from rain water. The Contractor is authorized to use the services of American Environmental Group, Ltd. (AEG) as a subcontractor on the project based on being the most cost effective and qualified vendor to perform the work. The Contractor will coordinate the project with the project engineer, Geosyntec, regarding their Construction Quality Assurance (CQA) monitoring services for this project. Rain Flap Removal Project: 1. Mobilization/Demobilization 2. Liquid Dewatering/Pumping (if needed) 3. Rain Flap Removal 4. Materials FLEETZOOM. The Contractor shall install Fleetzoom at the Landfill, and shall be responsible for all subsequent operation, maintenance, repair or replacement of Fleetzoom during the term of the Contract. All costs related to the installation, operation and maintenance of Fleetzoom shall be borne by the Contractor. The Contractor further agrees to indemnify the District for any damage to the GCCS that is caused directly or indirectly by Fleetzoom during the term of the Contract. The Contractor may, at any time during the term of the Contract and at its sole discretion, remove or uninstall Fleetzoom, and may choose to replace it with a different monitoring system. Upon the expiration or termination of the Contract, the Contractor shall, at its sole discretion, (a) uninstall and remove Fleetzoom or (b) sell Fleetzoom to the District (or if the District has contracted with a third party to maintain and operate the landfill GCCS, sell Fleetzoom to such third party) at a mutually-agreed upon price. Upon the happening of either of the contingencies listed above, the Contractor's responsibilities (including but not limited to its responsibility to indemnify the District) related to Fleetzoom shall terminate, and in the case of subsection (b), the District or the third party, as the case may be, shall assume all costs and responsibilities for the operation and maintenance, repair or replacement of Fleetzoom. Contractor shall not be 196