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FIRST AMENDMENT TO <br />LICENSE AND WARRANTY AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this _ day of <br />February, 2016 by and between Hadronex Incorporated, a California corporation, (hereinafter <br />"Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing <br />under the Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. Contractor manufactures and installs the Hadronex SmartCover Monitoring and Alarm System <br />(hereinafter "SmartCover "), designed to provide an alerting system for sewer systems overflow <br />and encroachment. <br />B. On September 2, 2014, City entered into Agreement # A- 2014 -21, 2 with Hadronex to purchase <br />and installed SmartCover equipment and SmartCover site monitoring services. <br />C. In accordance with the terms and conditions of Agreement # A -2014 -212, the parties hereby <br />amend the Corrq�ensation and Scope afServices of the agreement. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />Section 1, SCOPE OF SERVICES, shall be amended to read as follows: Contractor <br />shall provide active site monitoring services for all terrestrial and satellite SmartCovers installed <br />in the City of Santa Ana, as set forth in Exhibit A, attached hereto and incorporated by this <br />reference. Contractor will provide and install additional SmartCovers, at the request of City and <br />at the prices set forth in Exhibit A. <br />Section 2a, COMPENSATION, shall be amended to read as follows: City agrees to <br />pay, and Contractor agrees to accept as total payment for its services, the rates and charges <br />identified in Exhibit A. The total suns to be expended under this Agreement shall not exceed <br />$175,000, annually, during the tenn of this Agreement, and the total not to exceed of this <br />agreement is $475,000 for the entire tern of this agreement. <br />Section 3, TERM, shall be amended to read as follows: This Agreement shall terminate on <br />June 30, 2018, unless terminated earlier in accordance with Section 11 of Agreement # A- 2014 -212. <br />Except as hereinabove modified, the terms and conditions of said Agreement remain <br />unchanged and in frill force and effect. <br />FIRST AMENDMENT TO <br />LICENSE AND WARRANTY AGREEMENT <br />Exhibit 4 <br />25G -51 <br />