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2. Extension of Term of Agreement. Notwithstanding anything to the contrary contained in the Agreement, Section IB. of the Agreement is hereby amended in its entirety by replacing it with the following: " I. B. Term of Agreement. The term of said Agreement shall commence on August 18, 2020 and continue through December 20, 2020 ("Term"), however, if the federal government authorizes an extension for the use of the CARES Act Funds to the City by December 30, 2020, then the Term of this Agreement shall automatically extend the date that is two (2) weeks prior to the date in which the federal government determines that the CARES Act Funds awarded to the City must be expended. Additionally, the Parties each have the right to terminate the Agreement earlier pursuant to the terms of the Agreement. The Term of the Agreement may also be extended in a writing executed by the City Manager, or her designee, and the City Attorney." 3. Full Force and Effect. Except as expressly modified by this Second Amendment, the Agreement shall remain unchanged and in full force and effect and nothing herein shall be deemed to be an amendment or waiver of any other covenant or agreement contained in the Agreement except as expressly stated herein. All references herein and in the Agreement to the Agreement shall mean, unless the context clearly indicates to the contrary, the Agreement as amended by the First Amendment and this Second Amendment. In addition, to the extent there are any inconsistencies in the Agreement as a result of this Second Amendment, the Agreement shall be read to the extent required to give effect to and to be read in a manner consistent with the foregoing changes to the Agreement by way of this Second Amendment. 4. Successors and Assigns. The Agreement, as amended hereby, shall apply to and bind the City and Subrecipient and their respective successors and assigns. 5. Authority. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this Second Amendment, and shall indemnify City fully, including reasonable costs and attorneys' fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 6. Counterparts; Facsimile, Emailed or Electronic Signatures. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The Parties hereby acknowledge and agree that a signed copy of this Second Amendment transmitted by facsimile, email as a portable document format file attachment, or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original manually executed counterpart of this Second Amendment for all purposes. [Remainder of Page Intentionally Left Blank. Signatures on 1,"ollowing Page(s)] 4983242.1 -- N 1894.0