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• <br /> 5 <br /> AMENDMENT NO. 1 <br /> TO THE <br /> EXACUTRACK SERVICE AGREEMENT <br /> AGREEMENT NO. 080906DY1 ("Agreement") <br /> BETWEEN <br /> BI INCORPORATED ("BI") <br /> AND <br /> CITY OF EVERETT("Agency") <br /> This Amendment is entered into by and between Agency and BI. <br /> In consideration of the promises contained herein, and for other good and valuable consideration, receipt of <br /> which is hereby acknowledged, the parties hereto, desiring to be legally bound, hereby agree as follows: <br /> The above-referenced Agreement is hereby amended to add the ExacuTrack One Unit as follows: <br /> 1. AVAILABILITY: <br /> The parties agree and acknowledge that the terms of this Agreement are conditioned upon and subject to <br /> the availability of BI's ExacuTrackTM products and service. BI shall not be liable for any delay in <br /> performance due to limited availability of ExacuTrack products and service. <br /> 2. Sections 1.5 and 1.6 of the Agreement are hereby deleted entirely and replaced with the following: <br /> 1.5 "Unit"or"Equipment" means: <br /> (1) "ExacuTrack Equipment" consisting of (a) a transmitter, (b) an ExacuTrack Tracking Unit, and <br /> (c) a base station; and/or <br /> (2) "ExacuTrack AT Equipment" consisting of (a) a transmitter, (b) an ExacuTrack AT Tracking <br /> Unit, and (c) a base station; and/or <br /> (3) "ExacuTrack One Equipment"consisting of an ExacuTrack One Tracking Unit. The ExacuTrack <br /> One Equipment may include one ExacuTrack One Beacon in addition to the ExacuTrack One <br /> Tracking Unit. <br /> 1.6 "ExacuTrackT"""or"ExacuTrackT^" Service" means the ExacuTrack Equipment and/or the ExacuTrack <br /> AT Equipment, and/or the ExacuTrack One Equipment, licensed software, Documentation and <br /> services described in Section 2. <br /> The above terms hereby replace the corresponding terms in the Agreement wherever they may occur <br /> throughout the Agreement. <br /> 3. Exhibit A is hereby amended to add the ExacuTrack One Unit pricing as follows: <br /> EXACUTRACK ONE CHARGES: <br /> ExacuTrack One Tracker Component Rental: $3.95 per day per Unit provided from BI <br /> inventory. <br /> EXACUTRACK ONE WITH 1.720.AO NZ SERVICE: <br /> Description: ET One-GPS Point Collection every 1 minute, Data Transmission every 720 minutes, no <br /> AFLT, no Zone Crossing Notification. <br /> ExacuTrack One 1.720.AO NZ Service: $1.55 per day per Unit provided from BI inventory. <br /> ExacuTrack One 1.720.AO NZ Total: $5.50 (total of ExacuTrack One Components and <br /> ExacuTrack One 1.720.AO NZ Service charges) <br /> 13 <br />