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<br />SifnplexGrinnel1 LP <br />1 701 W Sequoia Avenue <br />Orange. CA 92868-1015 <br /> <br />tl./CD <br /> <br />Fire & <br />Security <br /> <br />Tele: 714-870-1010 <br />Fax: 714-939-9130 <br />www.simplexgrinnellcom <br /> <br />SimplexGrinnel1 <br /> <br />Llc.# CA 802591 <br /> <br />April 19, 2010 <br /> <br />City of Santa Ana <br />Community Development Agency <br />20 Civic Center Plaza, M-25 <br />Santa Ana, CA 92701 <br /> <br />Project: Santa Ana Train Station <br /> <br />Subject: Amendment to Contractor Agreement <br /> <br />We are currently processing your order and wish to extend our appreciation for your business. We propose the following <br />amendment which is necessary to complete this contract: <br /> <br />1. All documents must be submitted to SimplexGrinnell for review and approval prior to incorporation into the contract <br />documents. <br /> <br />2. Notwithstanding anything to the contrary contained in this contract, SimplexGrinnell shall not be liable for any <br />indirect, incidental or consequential damages, or for the negligence of others. <br /> <br />3. Customer's audit rights are strictly limited to project records contained in the local SimplexGrinnell branch/district <br />office. Customer shall have the right to examine and audit such records at reasonable times during regular business <br />hours upon advance written notice to SimplexGrinnell. <br /> <br />4. Notwithstanding anything to the contrary contained in this contract, SimplexGrinnell shall not be liable for, nor shall <br />Owner make claim for, consequential, incidental or special damages, or for loss of profits or revenues resulting from <br />the failure of SimplexGrinnell to perform as provided in this contract. In no event shall SimplexGrinnell be liable for <br />any damage for performance under this contract in any amount exceeding the total compensation provided to <br />SimplexGrinnell under this contract. <br /> <br />5. SAFETY Act Waiver. Certain of SimplexGrinnell's systems and services have received Certification and/or <br />Designation as Qualified Anti-Terrorism Technologies ("QATT") under the Support Anti-terrorism by Fostering <br />Effective Technologies Act of 2002,6 U.S.C. 99441-444 (the "SAFE1Y Act"). As required under 6 C.F.R. 25.5 (e), <br />to the maximum extent permitted by law, SimplexGrinnell and Customer hereby agree to waive their right to make <br />any claims against the other for any losses, including business interruption losses, sustained by either party or their <br />respective employees, resulting from an activity resulting from an "Act of Terrorism" as defined in 6 C.F.R. 25.2, <br />when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. <br /> <br />Please acknowledge receipt and acceptance by signing both copies of this letter and returning a copy along with a fully <br />executed contract to: <br /> <br />SimplexGrinnell LP <br />1701 West Sequoia Avenue <br />Orange, CA 92868 <br /> <br />APiROVED AS TO FORM <br />~te-- t ~ <br />LISA E. STORCK <br />~AsSi tant City Attorney <br />City of Santa Ana <br /> <br />By: f2 ~ <br />Print Name: DAVID M. REAM <br /> <br />If you have any questions, please feel free to call me to discuss this amendment. <br /> <br /> <br />By: <br /> <br />Print Name: John Solonvnko <br /> <br />Title: <br /> <br />District General Manaqer <br /> <br />Title: <br /> <br />CITY MANAGER <br />