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ORANGE COUNTY <br /> NORTH CAROLINA <br /> THIRD AMENDMENT <br /> TO <br /> AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES <br /> THIS THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION <br /> MANAGER AT RISK SERVICES (this "Amendment") is made effective this Al &day of <br /> 2010, (the "Execution Date") by and between ORANGE <br /> COUNTY, NORTH C OLINA ("Owner"), and CLANCY & THEYS CONSTRUCTION <br /> CO.,, a North Carolina corporation ("CMAR") (Owner and CMAR to sometimes be referred to <br /> together herein as the "Parties"). <br /> WITNESSETH: <br /> WHEREAS, Owner and CMAR entered into an Agreement for Construction Mana eg r at <br /> Risk Services made effective February 19, 2008 (the "Agreement") , a First Amendment to the <br /> Agreement made effective June 26, 2008 (the "First Amendment"), and a Second Amendment to <br /> the Agreement made effective August 19, 2008 (the"Second Amendment") which Agreement, First <br /> Amendment and Second Amendment together provide for the construction of an Animal Services <br /> Facility to be located in Chapel Hill, North Carolina(the"Facility");and <br /> WHEREAS, the Agreement, as amended by the First Amendment and Second Amendment <br /> contained a Guaranteed Maximum Price of$7,458,500.00 for the completion of the Original Scope <br /> of Work;and <br /> WHEREAS,the Parties now desire to further amend the Agreement as amended by the First <br /> Amendment and the Second Amendment to add additional scope of work totaling $731,059.00 to <br /> the Guaranteed Maximum Price as described herein. <br /> NOW, THEREFORE, in consideration of good and valuable consideration, the mutual <br /> receipt and legal sufficiency of which are hereby acknowledged, the parties agree as follows: <br /> 1. Incorporation of Preamble and Recitals. The preamble and recitals to this <br /> Amendment are hereby incorporated herein by reference and made a part of this Amendment. <br /> 2. Definitions. All capitalized terms used and not otherwise defined herein shall <br /> have the meanings ascribed to them in the Agreement. All references in the Agreement to "this <br /> Agreement" shall be deemed to be the Agreement as amended by this Amendment unless the <br /> context requires otherwise. <br /> 3. Guaranteed Maximum Price. Based on the foregoing, the Parties agree that the <br /> Guaranteed Maximum Price for the CMAR's Work as of the date hereof shall be the sum of <br /> $8,189,559.00 (the "GMP"), the components of which are set out and described as Attachment <br /> A: Components to Guaranteed Maximum Price, hereto and incorporated herein by reference. <br />