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3.3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and <br />Contractor each ratify and reaffirm each and every one of their respective rights and obligations <br />arising under the Agreement. Each party represents and warrants to the other that there have been <br />no written or oral modifications to the Agreement. Each party represents and warrants to the other <br />that the Agreement is currently an effective, valid and binding obligation. <br />Contractor represents and warrants to City that, as of the date of this Second <br />Amendment, City is not in default of any material term of the Agreement and that there have been <br />no events that, with the passing of time or the giving of notice, or both, would constitute a material <br />default under the Agreement. <br />City represents and warrants to Contractor that, as of the date of this Second <br />Amendment, Contractor is not in default of any material term of the Agreement and that there have <br />been no events that, with the passing of time or the giving of notice, or both, would constitute a <br />material default under the Agreement. <br />3.4 Adequate Consideration. The parties hereto irrevocably stipulate and agree that <br />they have each received adequate and independent consideration for the performance of the <br />obligations they have undertaken pursuant to this Second Amendment. <br />3.5 Counterparts. This Second Amendment may be executed in duplicate originals, <br />each of which is deemed to be an original, but when taken together shall constitute but one and the <br />same instrument. <br />[Signatures on following page] <br />RVPUB\NGS\635122 _2_ <br />