AMENDMENT ONE JOINT AGREEMENT ARAVAIPA.PDF
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1 Amendment One To Joint Program and Marketing Agreement Between Maricopa County And Aravaipa Running LLC WHEREAS, a Joint Program and Marketing Agreement (C-30-21-022-X-00) was entered into on January 27, 2021, between Maricopa County, a political subdivision of the State of Arizona (the “County”), and Aravaipa Running LLC, an Arizona Limited Liability Company (“Aravaipa” or “Concessionaire”) (the “Agreement”). The County and Aravaipa are sometimes collectively hereinafter referred to as the “Parties” and individually as a “Party”; and, WHEREAS, the Term of the Agreement currently expires on January 31, 2024; and WHEREAS, as a result of the on-going success of this collaboration, the Parties desire to enter into this Amendment One to the Agreement (“Amendment One”) for an extension of the Term for five (5) years beginning February 1, 2024, through January 31, 2029; and WHEREAS, the Parties desire to enter into this Amendment One with the understanding that all other provisions of the Agreement not amended herein shall remain the same and in full force and effect. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Parties hereby agree as follows: I. INCORPORATION OF RECITALS The Recitals set forth above are hereby incorporated into this Agreement. II. EFFECTIVE DATE This Amendment One will become effective as of January 31, 2024 (“Effective Date”). III. TERM The Parties hereby agree to extend the Term of the Agreement for five (5) years beginning February 1, 2024, until January 31, 2029. 2 VI. CONFLICT OF INTEREST The Parties agree that the Agreement is subject to A.R.S. § 38-511 and may be cancelled pursuant thereto. VII. CAPITALIZED TERMS Capitalized terms used in this Amendment One without definition shall have the meanings assigned to such terms in the Agreement unless the context expressly requires otherwise. VIII. COUNTERPARTS This Amendment One may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Electronic signatures shall have the same force and effect as original signatures. IX. CERTIFICATION PURSUANT TO A.R.S. §35-394 Concessionaire warrants and certifies that it does not currently, and agrees for the duration of Agreement that it will not, use: A. The forced labor of ethnic Uyghurs in the People's Republic of China. B. Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. C. Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. D. If Concessionaire becomes aware during the term of the Agreement that the Concessionaire is not in compliance with this paragraph, the Concessionaire shall notify the County within five (5) business days after becoming aware of the noncompliance. Failure of Concessionaire to provide a written certification that the Concessionaire has remedied the noncompliance within one hundred eighty (180) days after notifying County of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. X. EFFECT OF AMENDMENT The foregoing paragraphs contain all the changes made by this Amendment One. All other terms and conditions of the Agreement remain the same and in full force and effect, except as herein amended. . . . . 3 IN WITNESS WHEREOF, the Parties hereto have fully executed this Amendment One as of the last date written below. MARICOPA COUNTY __________________________________________ Chairman Date Board of Supervisors ATTEST __________________________________________ Clerk of the Board Date Approved as to Form: __________________________________________ Deputy County Attorney Date ARAVAIPA RUNNING LLC ___________________________________ By: Date