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HomeMy WebLinkAboutAmendment 2 - Bozeman Solar Project License AgreementSecond Addendum to Bozeman Solar Project License Agreement Page 1 of 2 SECOND ADDENDUM TO BOZEMAN SOLAR PROJECT LICENSE AGREEMENT THIS SECOND ADDENDUM TO THE BOZEMAN SOLAR PROJECT LICENSE AGREEMENT (“Agreement”), dated the 8th day of February, 2016, is made and entered into this ____day of __________, 20___by and between the City of Bozeman, Montana, a self-governing municipal corporation organized and existing under its Charger and the laws of the State of Montana, 121 N. Rouse Street Bozeman, MT, with a mailing address of PO Box 1230 Bozeman, MT 59771 (the “City”) and NorthWestern Corporation, a Delaware corporation, d/b/a NorthWestern Energy, of 11 East Park Street, Butte, Montana 59701-1711 (“NorthWestern”, and collectively with the City the “Parties:). In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: A.PARAGRAPH 4. TERM OF LICENSE. The Parties hereby mutually agree to extend the term, as provided for in Paragraph 4 of said Agreement for an additional five (5) years. Thus, once full signed below, this Second Addendum shall serve to make the new termination February 28, 2026. The Parties agree to all other provisions of Paragraph 4 will remain in effect. B.PARAGRAPH 13. EQUAL OPPORTUNITY. Paragraph 13 shall be amended to add the following paragraph after the existing paragraph: “NWE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement.” C.PARAGRAPH 14. CONSENT TO ELECTRONIC SIGNATURES. A new paragraph 14 shall be added as follows: “CONSENT TO ELECTRONIC SIGNATURES. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA.” 11th May 21 DocuSign Envelope ID: 2761BDA7-1A1E-411B-8971-5545E58323D0 Second Addendum to Bozeman Solar Project License Agreement Page 2 of 2 D.All other terms and conditions of the License Agreement shall remain valid and in full force and effect. ****END OF AGREEMENT EXCEPT FOR SIGNATURES**** IN WITNESS WHEREOF, the Parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By: ______ Its:_ ____________________ _ NorthWestern Corporation, a Delaware Corporation d/b/a Northwestern Energy By: __ Roy Ishkanian Its: Manager - Land & Permitting DocuSign Envelope ID: 2761BDA7-1A1E-411B-8971-5545E58323D0 City Manager