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<br />. \ <br />INSURANCE UN FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />"1 ~ 10 -05 <br />CLERK OF COUNCIL <br />DATE:d-4-o5 <br /> <br />A-2005-038 <br /> <br />c~ pt, <br />Pi 5UlL. <br /> <br />FOURTH AMENDMENT TO RENEWAL SOFTWARE AND HARDWARE <br />MAINTENANCE AGREEMENT <br /> <br />THIS THIRD AMENDMENT TO RENEWAL SOFTWARE AND HARDW~ <br />M~TENfNCE AGREEMENT "Fourth Amendment," made and entered into this ~ day <br />of .cbrVt4 2005, by and between Imageware Systems, Inc. ("IWS") and the City of Santa Ana, <br />a charter c ty and municipal corporation organized and existing under the Constitution and the <br />Laws of the State of Cali fomi a ("CITY"). <br /> <br />WITNESSETH <br /> <br />Recitals: <br /> <br />A. CITY AND IWS entered into an agreement dated February 1, 2001 by which IWS <br />agreed to provide an automated mug/photo system (said Agreement). <br />B. The First Amendment to said Agreement, No. 2002-02, modified the cost of <br />maintenance. <br />C. The Second Amendment to said Agreement, No. A- 2002-223, modified the cost <br />of maintenance. <br />D. The Third Amendment to said Agreement, No. A- 2004-076, modified the cost of <br />maintenance. <br />E. The Parties now desire to amend said Agreement to add an additional $22,000 to <br />the compensation in order to provide continued uninterrupted service under said <br />Agreement. <br /> <br />WHEREFORE, in consideration of their mutual and respective promises, and subject to <br />the terms and conditions of the Agreement as hereby amended, the parties hereby agree as <br />follows: <br /> <br />I. Exhibit A of said Agreement shall be replaced with Exhibit A attached to this <br />Fourth Amendment. <br /> <br />2. Section 2 of said Agreement pertaining to "Compensation", is hereby amended to <br />increase the compensation as total payment for its services, in an additional amount not to <br />exceed $22,000 is added to the total amount of compensation to cover the cost of the <br />maintenance as reflected in Exhibit A. <br /> <br />3. Except as hereinabove modified, the terms and conditions of the Agreement and <br />the Amendments remain in full force and effect. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the date <br />and year first above written. <br />(SIGNATURES CONTINUED) <br />