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Amendment No. 1 to Agreement No.D99-12 <br />1 PARTY'S deposit shall be based on its prorated share of the approved annual budget, <br />2 reduced by the sum of (a) its prorated share of any surplus identified in the prior <br />3 fiscal year end accounting, and (b) its prorated share of any funding provided for <br />programs in the approved budget from entities not party to this AMENDMENT. <br />4 <br />Interest earned on the PARTIES' deposits will not be paid to the PARTIES, but <br />5 <br />will be credited against the PARTIES' share of the program costs. <br />6 <br />Upon termination of the program, a final accounting shall be performed by the <br />7 COUNTY. If costs remaining after the deduction of interest costs exceed the sum of <br />8 the deposits, the COUNTY shall invoice each PARTY for its prorated share of the <br />9 deficit. Each PARTY shall pay the invoice within 45 calendar days of the date of the <br />10 invoice. If the sum of the deposits, including interest, exceeds the costs, the <br />11 COUNTY shall reimburse to each PARTY its prorated share of the excess, within 45 <br />12 ilcalendar days of the final accounting. <br />Section 5. Section 10 of the AGREEMENT, entitled "NO THIRD PARTY <br />13 <br />BENEFICIARIES", is amended to read in full as follows: Nothing expressed or mentioned <br />14 in this AGREEMENT is intended or shall be construed to give any person, other than the <br />15 <br />PARTIES hereto and any entity in which a PARTY has a legal interest (such as, but not <br />16 limited to, a limited liability membership interest or a partnership interest), and <br />17 any permitted successors or assigns of a PARTY, any legal or equitable right, remedy <br />18 or claim under or in respect of this AGREEMENT or any provisions herein contained. <br />19 This AGREEMENT and any conditions and provisions hereof is intended to be and is for <br />the sole and exclusive benefit of the PARTIES-and the entities in which they have a <br />20 <br />legal interest and their successors or assigns and for the benefit of no other person, <br />21 <br />agency or entity. <br />22 <br />Section 6. Section 16 of the AGREEMENT, entitled ~~NOTICES", shall be <br />23 Ilamended to read in full as follow: All notices required or desired to be given under <br />24 Ilthis AGREEMENT as amended shall be in writing and (a) delivered personally, or (b) <br />25 <br />sent by certified mail, return receipt requested or (c) sent by telefacsimile <br />26 <br />communication followed by a mailed copy, to the addresses specified below, provided <br />5 <br />