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THIS AGREEMENT is made and entered into this 29th day of January 2008, (the 'Effective Date") by and between the Indian River County Board of County Commissioners ("County"), located at 180127"' Street, Vero Beach, FL 32960, the Indian River County Supervisor of Elections ("SOE"), located at 4375 43rd Avenue, Vero Beach, FL 32967 (collectively referred to as 'Customer") and Sequoia Voting Systems, Inc. ("Sequoia"), located at 717 — 17th Street, Suite 310, Denver, CO 80202. RECITALS WHEREAS, Sequoia is in the business of providing voting and election equipment; and WHEREAS, in 2007, the Florida Legislature passed a law prohibiting touch screen voting equipment and mandating the use of optical scan based voting systems effective July 1 , 2008; and WHEREAS, the County, pursuant to Section 101 .294(1 ), F.S ., is mandated to purchase voting equipment that has been certified for use by the State of Florida; and WHEREAS, the County currently owns and the SOE currently uses a voting system, inclusive of tabulation equipment, components, etc., that was manufactured by and procured from Sequoia; and WHEREAS, the SOE has recommended that the County purchase optical scan based voting equipment from Sequoia due to Sequoia having the only optical scanners certified by the State of Florida that are compatible with the County' s existing voting system; and WHEREAS, the Customer and Sequoia desire to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits and promises set forth in this Agreement, the parties agree as follows. AGREEMENT 1 . AGREEMENT A. General This Agreement shall consist of the terms and conditions set forth herein together with Attachments 1 , 2, 3 and 4, which are specifically incorporated herein and made a part of this Agreement. In the event of any conflicts or differences between a term or condition in the body of this Agreement and a term or condition contained in any Attachment to this Agreement, or if such term and condition in the body of this Agreement cannot be mutually complied with or performed simultaneously with an obligation or term or condition of an Attachment, the term and condition in such Attachment, to the extent inconsistent, shall control. B. Term This Agreement shall commence upon the Effective Date set forth hereinabove and shall remain in full force and effect for a period of two (2) years, or as extended by the parties hereto. 2. SALE AND PURCHASE OF PRODUCT A. Product In accordance with the terns and conditions set forth in this Agreement, County agrees to purchase the equipment listed on Attachment 1 to this Agreement and SOE agrees to operate 1