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SMART CARD PROJECT CHANGES <br /> Amendments to Contract No. 229944 with ERG for Smart Card <br /> # DATE PURPOSE <br /> 1. 4/04 Addresses the time frame for the $2M letter of credit from <br /> ERG and increases project agencies' rights to draw down full <br /> amount if contractor fails to perform. Draw down to be <br /> placed in retainage account. <br /> 2. 4/04 Addresses Escrow Provisions (Exhibit 10) <br /> 5.3 — Inspection in Perth instead of California <br /> 6.0 — Include Perth as site for escrowed software. <br /> 7.0 — ERG pays the difference in cost of verification. <br /> 3. 4/04 Updated Exhibit 12 incorporating Intellectual Property Types <br /> 4. 5/04 Modified legal effect of security documents. Added language <br /> to reference Chapter 60.28 RCW regarding retainage <br /> amounts. <br /> 5. 8/04 Incorporated as Attachment A to Change Order #4 <br /> 6. 12/04 Addressed four areas: <br /> a. Increased ERG's accountability for security audits and <br /> specified dates for compliance. <br /> b. Changed reference number regarding agency- caused <br /> delays. <br /> c. Modified Contractor Intellectual Property (IP) and <br /> agency's access to IP for operating, maintaining, <br /> expanding, improving and modifying specific equipment. <br /> Includes right to transfer to successors and third party <br /> contractors. <br /> d. Adds requirement to deliver IP materials to the escrow <br /> firm prior and after full system acceptance. <br /> 7. 3/05 Incorporated as Attachment A to Change Order #7 <br /> 8. 3/05 Amended section regarding King County Radio Control Unit. <br /> No impact to ET. <br /> 32 <br /> Smart Card Ratifying Changes Summary/10-12-05 Agenda Item Page 3 of 4 <br />