COMPLETE_WITH_DOCUSIGN_260016-CI_AMENDMENT_.PDF

SERIAL 260016-CI 
 
AMENDMENT No. 1  
To 
SERIAL 260016-CI Airplane Purchase Kodiak 900 
 
Between  
 
Daher/Kodiak Aircraft Company, Inc 
& 
MARICOPA COUNTY, ARIZONA 
 
WHEREAS, Maricopa County, Arizona (“County”) and Daher/Kodiak Aircraft Company, Inc. 
(“Contractor”) have entered into a Contract for the purchase of a Kodiak 900 airplane dated August 20, 2025 
(“Agreement”) County Contract No: 260016-CI. 
  
WHEREAS, County and Daher/Kodiak Aircraft Company, Inc. have agreed to further modify the Agreement 
by changing certain terms and conditions;  
 
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, 
receipt of which is hereby acknowledged, the parties hereto agree as follows: 
 
1. Amendment to Daher Purchase Agreement, Conditions, Section 1: 
Section 1 is hereby replaced with the following: 
 
Upon the acceptance of this Purchase Agreement by signature, unless otherwise required by 
applicable law or by a court order from a court with competent jurisdiction, strict confidentiality is 
required between Buyer and Seller and/or their employees concerning the terms and conditions of 
this Purchase Agreement. 
 
2. Amendment to Daher Terms and Conditions, Section 8 - Applicable Law, Forum, Procedures, Etc.: 
Section 8 is hereby replaced with the following:  
 
(a) This Purchase Agreement and the rights of the parties hereto arising directly or indirectly, under 
or in connection with this Purchase Agreement, shall in every respect be governed by the 
substantive law of the State of Arizona without reference to its conflict of law rules. Buyer and 
Seller acknowledge and agree that the United States District Court in Phoenix, Arizona or, if 
such court lacks jurisdiction, Maricopa County Superior Court (or its successor), shall be the 
exclusive venue and proper forum in which to adjudicate any case or controversy arising, 
directly or indirectly, under or in connection with this Purchase Agreement and/or Buyer’s 
ownership and/or operation of the Aircraft purchased pursuant thereto. The parties further agree 
that, in the event of litigation arising out of or in conjunction with this Purchase Agreement 
and/or Buyer’s ownership and/or operation of the Products purchased pursuant thereto, in these 
courts, they will not contest or challenge the jurisdiction or venue of these courts. Neither Buyer 
nor Seller, nor any assignee, successor or legal representative of Buyer or Seller, shall seek a 
jury trial in any lawsuit, proceeding, or counterclaim arising, directly or indirectly, under or in 
connection with, this Purchase Agreement and/or Buyer’s ownership and/or operation of the 
Aircraft purchased pursuant thereto. Additionally, neither Seller nor Buyer will seek to 
consolidate any such action in which a jury trial has been waived, with any other action in which 
a jury trial cannot be or has not been waived. 
(b) In any action arising directly or indirectly, under or in conjunction with this Purchase 
Agreement, the prevailing party herein shall be entitled to recover from the other party thereto 
its reasonable attorney’s fees (both at trial and any and all appeals), and costs in connection 
therewith. 
 
3. Amendment to the Daher Terms and Conditions, Section 11 - General: 
As indicated below, the first statement in the section is hereby numbered as 11.1; the Agreement is amended 
to include statutory provisions as required by Arizona State law: 
 
11. GENERAL 
 
Docusign Envelope ID: 5F3F2094-2519-45BE-838B-5E2D31D73514

SERIAL 260016-CI 
 
11.1. Buyer shall neither assign any right nor delegate any duty under this Purchase Agreement 
without the prior written consent of Seller, which consent shall not be unreasonably withheld. 
 
11.2. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST 
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without 
penalty or further obligation within three years after execution of the contract, if any person 
significantly involved in initiating, negotiating, securing, drafting, or creating the contract on 
behalf of the County is at any time, while the contract or any extension of the contract is in 
effect, an employee or agent of any other party to the contract in any capacity or consultant to 
any other party of the contract with respect to the subject matter of the contract. Additionally, 
pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any 
person significantly involved in initiating, negotiating, securing, drafting, or creating the 
contract on behalf of the County from any other party to the contract arising as the result of 
the contract. 
 
11.2.1.1. If the County becomes aware, the County agrees to promptly notify the 
Contractor of any potential or actual conflict of interest as defined under 
A.R.S. § 38-511, that may affect the validity of the purchase agreement. 
 
11.3. WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement 
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for 
the duration of this agreement to not engage in, a boycott of goods or services from Israel. 
This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation 
issued pursuant to 50 U.S.C. § 4842 
 
11.4. FORCED LABOR 
11.4.1. By submitting a bid for this solicitation and/or entering into a contract as a result of 
this solicitation, contractor agrees to comply with all applicable portions of Arizona 
Revised Statutes Section 35-394. Contracting; procurement; prohibition; written 
certification; remedy; termination; exception; definitions. 
 
11.4.2. Contractor certifies that it does not currently, and agrees for the duration of the 
contract, that it will not use:  
11.4.2.1. The forced labor of ethnic Uyghurs in the People’s Republic of China. 
11.4.2.2. Any goods or services produced by the forced labor of ethnic Uyghurs in 
the People’s Republic of China.  
11.4.2.3. Any contractors, subcontractors or suppliers that use the forced labor or any 
good or services produced by the forced labor of ethnic Uyghurs in the 
People’s Republic of China. 
11.4.3. If contractor becomes aware during the term of the agreement that contractor is not in 
compliance with this paragraph, the contractor shall notify the County within five 
business days after becoming aware of the noncompliance. If the contractor fails to 
provide a written certification to the County that the contractor has remedied the 
noncompliance within 180 days after notifying the County of its noncompliance, then 
the agreement terminates, except that if the agreement termination date occurs before 
the end the 180-day period, the agreement terminates on the agreement termination 
date. 
 
11.5. NON-DISCRIMINATION 
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 
2009 09, including flow down of all provisions and requirements to any subcontractors. 
Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-
5 and is hereby incorporated into this contract as if set forth in full herein. During the 
performance of this contract, contractor shall not discriminate against any employee, client, or 
any other individual in any way because of that person’s age, race, creed, color, religion, sex, 
Docusign Envelope ID: 5F3F2094-2519-45BE-838B-5E2D31D73514

SERIAL 260016-CI 
 
disability, or national origin. (Arizona Executive Order 2009-09 can be viewed at: 
https://apps.azsos.gov/public_services/register/2009/46/governor.pdf 
 
4. Amendment the Daher Terms and Conditions, Section 1 – Prices and Terms of Payment: 
Section 1 is hereby amended to include the following additional clause: 
(f) To secure the payment of the services and products already provided (if any): 
(1). The County shall remain liable for payment of all goods and services satisfactorily 
delivered and accepted prior to the effective date of termination. 
 
 
 
 
ALL OTHER TERMS AND CONDITION REMAIN UNCHANGED 
 
 
IN WITNESS WHEREOF, this Contract Amendment is effective the same date as the Agreement. 
 
Daher/Kodiak Aircraft Company, Inc.  
 
 
 
 
 
 
 
 
 
 
Authorized Signature 
 
Nicolas Chabbert, CEO 
 
 
 
 
 
Printed Name and Title 
 
1200 Turbine Dr., Sandpoint, ID 83864 
 
 
 
Address 
 
August 7, 2025 
 
 
 
 
Date 
 
 
 
MARICOPA COUNTY: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CHAIRMAN, BOARD OF SUPERVISORS  
 
DATE 
 
 
ATTESTED: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CLERK OF THE BOARD 
 
 
 
DATE 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DEPUTY COUNTY ATTORNEY  
 
 
 
DATE 
 
 
 
 
 
 
 
Docusign Envelope ID: 5F3F2094-2519-45BE-838B-5E2D31D73514