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TI3IRD AMENDMENT TO DIGITAL CONTENT HOSTING AND DISTRIBUTION AGREEMENT THIS THIRD AMENDMENT to the above -referenced agreement is made and entered into on November 3, 2015 by and between OverDrive, Inc., a Delaware corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into the Digital Content Hosting and Distribution Agreement #N-2013-018, dated February 27, 2013 ("Agreement"), by which Contractor agreed to host and distribute digital content to the Santa Ana Library. B. On June 27, 2013, the parties executed a First Amendment to Agreement #N-2013-018- 001, to include additional compensation for services pursuant to the Agreement. C. On May 20, 2015, the parties entered into a Second Amendment #N-2015-100, to include further additional compensation for services pursuant to the Agreement, D. The term of the Agreement is for a period of three years, from February 27, 2013 through February 27, 2016, and the Agreement remains in effect. Under its terms, the Agreement may be extended for an additional two-year period, E. The parties now wish to amend the Agreement to again increase the total annual compensation to be expended under the Agreement and also to extend the term of the Agreement. The Parties therefore agree: 1. Section 2, Compensation, is further amended to include an additional twenty-five dollars ($25,000) so that the total surn to be expended under the Agreement shall not exceed fifty thousand dollars ($50,000) annually. 2. Section 3, Term, is amended to extend the term of the Agreement for an additional two-year period, from February 28, 2016 through February 28, 2018. 3. Except as modified by this Third Amendment, and all prior amendments, all terns and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HU.IZAR DAVID CAVAZOS Clerk of the Council City Manager --more signatures on following page -- 25D-3