ESS+Contract+Amendment+8.pdf

EIGHTH AMENDMENTJ:Q AGREEMENT

This Eighth Amendment ("Amendment") shall be deemed a material part of that certain Technology Contract: Voting Tabulation System Replacement Contract by and between the state of North Dakota, acting through Its Office of Management and Budget, State Procurement Office and its Secretary of State, Elections Units ("State") and Election Systems & Software, LLC, a Delaware limited liability company ("Contractor") dated June 28, 2019 ("Original Contract") as amended by that certain First Amendment to Agreement dated September 26, 2019 ("First Amendment") and that certain Second Amendment dated October 25, 2019 ("Second Amendment"), that certain Third Amendment dated November 1, 2019 ("Third Amendment), that certain Fourth Amendment to Agreement dated March 31, 2020 ("Fourth Amendment"), that certain Fifth Amendment to Agreement dated July 7, 2020 ("Fifth Amendment"), that certain Sixth Amendment to Agreement dated September 16, 2020 ("Sixth Amendment"), and that certain Seventh Amendment to Agreement dated December 21, 2020 ("Seventh Amendment"). The Original Contract, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, and Seventh Amendment are collectively referred to herein as the Contract. The terms of this Amendment shall modify and supersede any and all inconsistent terms of the Contract. Capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Contract.

RECIIA�.

WHEREAS, Contractor and State entered into the Contract under which Contractor will be providing equipment, licensing software and performing certain services for State;

WHEREAS, both Contractor and State wish to amend the Contract to renew the Term of Contract for an additional year.

WHEREAS, the Contract is a valid and subsisting agreement between Contractor and State and both parties shall continue to be bound by the terms and conditions of the Contract not otherwise amended herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1. Term of Contract, The parties wish to renew the Contract for a period of twelve months.

The Contract expiration is changed to December 31, 2022. Two renewal options and one extension option remain.

2. CQntinuiag Validity of Contract. Except as specifically set forth in this Amendment, all remaining terms and conditions of the Contract shall remain in full force and effect.

EXECUTED as of the�ay of Oclo()e;C" , 2021.

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By:...::!...!.���'::t:::.���----lts: \If %/r�arc Its: Director, Administrative Services - NDIT

By�� Its: Secretary of State

Its: Office of Management and Budget, State Procurement Office