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AMENDMENT TO MAINTENANCE AGREEMENT <br />THIS AMENDMENT ( "Amendment') dated this13 L da of February, 2014 is attached to, and made a part <br />of, the MAINTENANCE AGREEMENT entered into on the day of February, 2014 ( "Agreement') by and <br />between Enterprise Fleet Management Inc a Missouri corporation ( "EFM ") and City of San Marcos ( "Lessee "). This <br />Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the <br />parties. <br />Section 10 of the Maintenance Agreement is amended to read as follows: <br />This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. This <br />Agreement may be amended only by an agreement in writing signed by EFM and Lessee. Any provision of this <br />Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to <br />the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or <br />affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding <br />upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee <br />may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written <br />consent of EFM. This Agreement shall be governed by and construed in accordance with the substantive laws of the <br />State of Texas (without reference to conflict of law principles). <br />All references in the Agreement and in the various Schedules and addenda to the Agreement and any other <br />references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the <br />extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations <br />and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby <br />ratified and confirmed. <br />IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Maintenance Agreement <br />as of the —I :3t day of February, 2014. <br />�Ya -Jt <br />City of n Marc's (L s ) <br />By <br />Title: ity Manager <br />ENTERPRISE FFLE/E�T MIL /A� /NA �EMEN�TC�� <br />By A-1,41, f, , i <br />Title: 1/ %1-e G-�b <br />