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improvement plan acceptable to the EMS Director, and shall implement that plan. The performance improvement plan shall identify each problem that led to the delayed response(s) and the step(s) to be implemented to correct each deficiency. A third month of failure to meet the 90% response time compliance requirement within any 12 month period shall require the City's authorized signatory to this Agreement to provide prompt written assurances of performance and a corresponding plan acceptable to the EMS Director to correct the deficiencies in Contractor's performance within ten (10) days of notice from County EMS. Further, Contractor shall comply fully in implementing corrective actions in collaboration with and approved by the EMS Director. City's failure to provide such written assurances within the required time and/or diligently commence and perform in accordance with the written plan is a material breach of this Agreement. Further, four or more months of failure to meet the 90% response time requirement within any 12 month period constitutes material breach of this Agreement 13. Section 14.2 subsection d. of the Agreement shall be deleted. 14. In Section 14.3, the language reading "Contractor's subsidy shall be reduced by" shall be deleted and replaced with the following language: "Contractor shall pay" 15. In Section 14.4, the language reading "Contractor's subsidy shall be reduced by" shall be deleted and replaced with the following language: "Contractor shall pay" 16. In Section 14.5, the language reading "Contractor's subsidy may be reduced by" shall be deleted and replaced with: "Contractor may be assessed" 17. In Section 14.6 subsection a., the language reading "Contractor's subsidy shall be reduced by" shall be deleted and replaced with the following language: "Contractor shall pay" 18. Section 14.8 subsection a. of the Agreement, concerning Payment of Penalties, shall be deleted and replaced with the following language: a. County shall invoice Contractor monthly for penalties imposed under this Agreement. Penalties shall be paid to the COUNTY within thirty (30) days following the date of the County's invoice. The parties shall make a good faith effort to resolve any disputes within a 30-day period. If the parties are unable to mutually resolve the dispute within that 30-day period, the assessed penalties shall be paid. 19. In Section 17.19 of the Agreement, the reference to EXHIBIT F—REPORT ON INTERMITTENT OR ROTATIONAL SERVICE INTERRUPTION shall be deleted. 20. EXHIBIT E—FIRST RESPONDER SUPPORT/PAYMENT SCHEDULE shall be deleted. 21. EXHIBIT F—REPORT ON INTERMITTENT OR ROTATIONAL SERVICE INTERRUPTION shall be deleted 22. Except as expressly modified by this Third Amendment, all of the terms and conditions of the Agreement, are and remain in full force and effect.