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THIRD AMENDMENT TO <br />VENDING AGREEMENT <br />THIS THIRD AMENDMENT TO VENDING AGREEMENT is made and entered into <br />this 7th day of January 2008 by and between the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City") and Automatic Vending <br />Technologies, formerly known as American Hot Foods, Inc., a California corporation <br />("Vendor") <br />RECITALS: <br />1. City and Vendor entered into Agreement N-2005-046, dated April 1, 2005, <br />hereinafter "said Agreement", for the provision of vending machines at City <br />owned and operated parks and recreational facilities. <br />2. The Parties desire to amend said Agreement to set forth new product pricing for <br />the items sold pursuant to said Agreement. <br />WHEREFORE, in consideration of the mutual and respective covenants and promises <br />contained in said Agreement, and subject to all the terms and conditions of said <br />Agreement, City and Vendor agree as follows: <br />1. Section 5 of said Agreement, titled "VEND RATES AND COMMISSION", <br />shall be amended to replace Exhibit A with a new "Product Pricing List" attached hereto <br />as Exhibit A-1 and incorporated by this reference. <br />2. Except as hereinabove set forth, all terms and conditions of said Agreement <br />shall remain in full force and effect. <br />IN WITNESS WHEREOF, City and Vendor have executed this Third Amendment to <br />Vending Agreement on the day and year first set forth above. <br />ATTEST: <br />PATRICIA E. HEALY <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />AUTOMATED VENDING TECHNOLOGIES <br />KEVIN ILLINGWORTH <br />Owner <br />25D-2 <br />