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41 <br /> WHEREAS, it is the intent of the Parties that except as further amended by this Second <br /> Amendment, the terms of the Original Agreement shall remain in full force and effect; and <br /> WHEREAS, the Town is authorized to enter into this contract pursuant to, inter alia, the <br /> North Carolina General Statutes ("N.C.G.S.") 160A-16, and the County is authorized to enter into <br /> this contract pursuant to, inter alia, North Carolina General Statutes 153A-11, et seq., and the <br /> Town's Town Council and the County's Board of County Commissioners have each determined <br /> that it is in the best interests of their citizens to do so. <br /> NOW, THEREFORE, in consideration of the mutual promises and covenants contained <br /> herein and for other good and valuable consideration,the receipt and sufficiency of which is hereby <br /> acknowledged,the Town and the County intending to be legally bound do hereby agree as follows: <br /> 1. The Parties substitute the attached Partner Cost Allocation Plan prepared by Perkins & <br /> Will and dated February 23, 2022 as Exhibit C to the Agreement. To the extent that <br /> there is any discrepancy between the project cost reflected in the Partner Cost <br /> allocation Plan(Exhibit C) and the GMP, the GMP shall control; however, the Partner <br /> Cost Allocation percentages as shown on Exhibit C controls as to allocation of the <br /> GMP). All previous cost allocations for the Project are null and void. <br /> 2. Either Party may decide to seek bid alternates affecting their allocated space in the <br /> Project. In the event that a Party does award an alternate bid affecting its space only, <br /> then that Party shall bear 100% of any additional cost or of any savings realized as a <br /> result of the bid alternate. <br /> 3. Notwithstanding anything in the Agreement or the First Amendment to the contrary, <br /> the Parties each agree to pay their proportionate share of the Project costs as reflected <br /> on Exhibit C. The Town shall invoice the County Finance Office on a regular basis, <br /> not more frequently that once each month, for reimbursement of Project costs, and the <br /> County shall pay its share of such costs pursuant to the invoice within thirty(30) days <br /> of receipt of the Town's invoice. <br /> 4. Except as specifically amended by this Second Amendment, the terms of the <br /> Agreement(as amended by the First Amendment), remain in full force and effect. <br /> [signatures contained on next page] <br /> 2 <br />