CTR059318 Contract Amendment Summary Five (5).pdf

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson Street, MD 100P

Phoenix, AZ 85007

Contract Amendment Summary CONTRACTOR: Larry H Miller AMENDMENT NO.: Five (5) DESCRIPTION: CTR059318 - New Vehicles Purchases

Rev. 04/2020

Procurement

Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract is amended. Summary of changes is as follows:

1. In accordance with Uniform Terms and Conditions, Section 5.3, Assignment and Delegation, effective April

4, 2024, the Department hereby assigns the above referenced contract to:

Asbury automotive Group Inc. – DBA Larry H Miller Toyota.

8633 W Bell Rd Peoria, Arizona 85382 Attn: Rick Zamora

2. The assigned contract number is changed to: CTR070729.

3. All other terms, conditions and provisions of this contract remain unchanged.

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Our True North: Safely Home

Consent to Assignment

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St. | MD 100P | Phoenix, AZ 85007 | azdot.gov

Rev. 04/2020

Katie Hobbs, Governor Jennifer Toth, Director

Procurement

CTR070729

New Vehicle Purchases

Larry H. Miller Peoria, hereinafter referred to as the "ASSIGNOR," hereby represents and warrants that the ASSIGNOR desires to assign CTR059318 for New Vehicle Purchases, hereinafter the “CONTRACT” to Asbury Automotive Group Inc., hereinafter referred to as the "ASSIGNEE

ASSIGNOR warrants and represents ASSIGNOR has full right and authority to transfer the CONTRACT and the contract rights upon execution of this document.

THEREFORE, essential to the DEPARTMENT consenting to the assignment of the Contract from ASSIGNOR to ASSIGNEE, ASSIGNOR and ASSIGNEE represent, warrant, and agree with the DEPARTMENT to the following statements:

1. ASSIGNEE represents and warrants that:

(a) it has read and understands the terms and conditions of the Contract;

(b) it has thorough knowledge of all work performed by ASSIGNOR under the Contract; and

(c) Any remaining work under the Contract can and shall be performed in a timely and satisfactory manner for the remaining Term of the Contract.

2. ASSIGNOR warrants and represents that the CONTRACT is in full force and effect and is fully assignable.

3. ASSIGNOR and ASSIGNEE hereby acknowledge and agree with the DEPARTMENT that upon the date of signatures that neither ASSIGNOR nor ASSIGNEE have basis for filing any claim against the DEPARTMENT in connection with the CONTRACT; and that no event has occurred which itself constitutes or would in the future constitute a default under the terms of the CONTRACT.

4. ASSIGNEE understands and agrees that it shall assume and be responsible for all obligations of ASSIGNOR under the CONTRACT, including but not limited to those pertaining to the quality and workmanship of all work performed by ASSIGNOR, and shall fully warrant such work in accordance with the requirements of the CONTRACT.

5. ASSIGNOR hereby releases and discharges the DEPARTMENT from any and all claims and liabilities relating to or arising out of the CONTRACT. Further, ASSIGNOR understands and agrees that this consent shall not relieve ASSIGNOR of any of the obligations to be observed and performed by ASSIGNOR under the CONTRACT and that this consent shall not be construed as a waiver or limitation of any right the DEPARTMENT has or may have against ASSIGNOR, and all rights of the DEPARTMENT under the CONTRACT and/or under the law are expressly reserved.

As witnessed below the ASSIGNOR and ASSIGNEE have executed this Agreement.

ASSIGNOR: Larry H. Miller

By:

Authorized Representative Signature Date

Printed Name / Title

ASSIGNEE: Asbury Automotive Group Inc.

Authorized Representative Signature Date

Printed Name / Title

The DEPARTMENT hereby consents to this Assignment, effective as of this ___ Day of ____ , 2024.

THE DEPARTMENT OF TRANSPORTATION,

Tom Kornell, Senior Procurement Officer

DocuSign Envelope ID: 5D90F6CD-8E8B-4C40-BD44-29381F646220

4/4/2024

4/4/2024

4/4/2024

4/4/2024Rick ZamoraRick Zamora

April4th