HALO AMEND 2 AGREEMENT.PDF

C: No. 79-13-083-3-03
P-50225
AMENDMENT NO. 2 TO THE
AMENDED AND RESTATED
LICENSE AGREEMENT
BETWEEN MARICOPA COUNTY
ADMINISTERED BY ITS ANIMAL CARE AND CONTROL DEPARTMENT
AND
HALO/HELPING ANIMALS LIVE ON, INC. DBA HALO ANIMAL RESCUE
THIS AMENDMENT NO. 2 TO THE AMENDED AND RESTATED
LICENSE AGREEMENT (this “Amendment”) is made and entered into as of the 9th of March,
2016, by and between Maricopa County, a political subdivision of the State of Arizona
(“Maricopa County”), and HALO/Helping Animals Live On, Inc., an Arizona non-profit
corporation doing business as HALO Animal Rescue (“HALO”). Maricopa County and HALO
are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
RECITALS
1. Maricopa County by and through its Animal Care and Control Department entered into
that certain Amended and Restated License Agreement P-50225 (C-79-13-083-3-01), as
most recently amended on December 3, 2015 (the “Agreement”), with HALO for a term
commencing January 1, 2013 and expiring on April 30, 2016.
ll. The Parties desire to amend the Agreement to extend its expiration date to April 30, 2017.
NOW THEREFORE, in consideration of the premises set forth in this Amendment and the
mutual covenants and agreements hereinafter set forth, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto
agree as follows:
1. The first sentence of Section I, paragraph 2 of the Agreement is hereby amended and
restated in its entirety to read as follows:
“This Agreement shall be effective upon execution by LICENSEE and LICENSOR for
an initial term beginning January 1, 2013 and expiring April 30, 2017 at 11:59 p.m.
(Arizona time), unless terminated earlier in accordance with the terms and conditions of
this Agreement.”
2. That Section IX of the Agreement is amended and restated in its entirety to read as follows:
This Agreement may be terminated by either LICENSEE or LICENSOR upon the
occurrence of an event of default hereunder by the other party and in accordance with the
terms and provisions of this Agreement. Upon the occurrence of a default by LICENSEE
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hereunder, LICENSOR shall provide written notice to LICENSEE of the exact nature of
such default and a reasonable period of time to cure such default, which period of time
shall in no case be less than thirty (30) days. In addition, such notice shall describe in
sufficient detail the steps required by LICENSEE to cure the specified default.
LICENSEE’s failure to cure the specified default in accordance with the terms and
conditions hereof shall constitute an event of default hereunder and shall give
LICENSOR the right to terminate this Agreement within thirty (30) days and the license
granted to LICENSEE hereunder. In any case, this Agreement shall be terminated
automatically on April 30, 2017 unless the Agreement is extended in the written
agreement of the parties.
3. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT REMAIN
IN FULL FORCE AND EFFECT. THIS AMENDMENT BECOMES EFFECTIVE UPON
FULL EXECUTION.
4. This Amendment is subject to A.R.S. § 38-511.
5. THIS AMENDMENT, consisting of two pages is executed by the persons signing below who
warrant that they have the authority to execute this Amendment under the original
Agreement.
[Signature Page to Follow]
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IN WITNESS THEREOF, the Parties have signed this Amendment:
FOR AND ON BEHALF OF HALO | FOR AND ON BEHALF OF
MARICOPA COUNTY:
;
{ President and CEO Clint Hickman, Chairman of the Board
Date
Attested To:
Fran McCarroll, Clerk of the Board Date
This Amendment has been reviewed by the undersigned Attorney who has determined that it is
proper in form and within the power and authority granted under the laws of the State of
Arizona
Deputy County Attorney Date
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