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Section 2 Subsection a.iv. of the MOU is amended to provide that Alameda County will seek <br /> federal and state funds to reimburse Dublin, Livermore, Pleasanton,and Stanford Valley-Care <br /> for Total Testing Costs and the Alameda County Fair Association for lease costs pursuant to <br /> the County MOU for a total not-to-exceed $4,063,459. <br /> C. Continuation. Except as specifically amended and modified by this Third Amendment, the <br /> MOU shall remain in full force and effect in accordance with its terms as in existence on the <br /> date of this Third Amendment. <br /> D. Defined Terms. Capitalized terms not otherwise defined herein shall have the meaning <br /> ascribed to them in the MOU. <br /> E. Conflicts. In the event of any conflict between the terms and provisions of this Third <br /> Amendment and the terms and provisions of the MOU, the terms and provisions of this Third <br /> Amendment shall control. <br /> F. Reference. The terms and provisions of this Third Amendment are incorporated by this <br /> reference into the MOU as though fully set forth in the MOU. From and after the date of this <br /> Third Amendment, any reference to the MOU shall mean the MOU as amended and modified <br /> by this Third Amendment. <br /> G. Counterparts. This Third Amendment may be executed in multiple counterparts, each of <br /> which shall be an original and all of which together shall constitute one <br /> agreement. Counterparts may be delivered via facsimile,electronic mail(including pdf or any <br /> electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et <br /> seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or <br /> other applicable law) or other transmission method, and any counterpart so delivered shall be <br /> deemed to have been duly and validly delivered and be valid and effective for all purposes. <br /> IN WITNESS WHEREOF,the parties hereto have executed this Third Amendment on the dates <br /> appearing below their respective authorized signatures. <br /> CITY OF DUBLIN <br /> Dated: , 2021 <br /> Linda Smith, City Manager <br /> ATTEST: <br /> City Clerk <br /> Approved as to form: <br /> City Attorney <br /> Third Amendment to MOU <br /> for Funding of Tri-Valley Mobile COVID-19 Test Site Page 2 <br />