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HomeMy WebLinkAboutCLAYS HARDWARE - CONTRACT - CONTRACT - FIRST AMENDMENT MARK DOWN PROMOTIONAL FEE PROGRAMFIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMEN F is entered into this 13°' day of November, 2007, by and between 'I HE CITY OF FORT COLLINS, COLOR -ADO, ("City") and CLAY'S HARDWARE, INC DBA CLAY'S ACE HARDWARE, 1001 EAST HARMONY, FORT COLLINS, COLORADO 80525 ("Retailer") WITNESETH: WHEREAS, the City and Retailer entered into an Agreement ACT # FC2007-02 to participate in a special "marl. -down piomotional fee" piogiam in oider to promote the sale of efficient light emitting diode (LED) holiday lighting products through the Retailer's store in Foil Collins, Coloiado (the 'Agiecmcnf ), as set forth thciem, and WHEREAS, the customer response has been Inghei than expected 661 this piogiam, and the parties wish to mucasc the rcurnbmsemcnt limits of the Agreemcnt accordingly TO ACCOMPLISH '['HE FOREGOING, the parties hereto, for good and valuable consiciciation_ agree as follows I Exhibit "A" to the Agrecment is hereby replaced with the attached Exhibit "A-1 .dtachcd heicto and incoipoiatcd hcicin by this iefeiencc, the terms of which shall become the goveimng "not to exceed' tennbursement Inuits of the Agrecment, effective, nuns pio lunc, Novembei 30, 2007 2 LxLept as amended and modified by this First Amendment, the Agreement shall be and remain in full lorcc and effect IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement the day and year First above written THE CITY OF FORT COLLINS, COLORADO, A MuniCipal Corporation By Ja cs O'Nerll II, CPPO, HNIGP Dir or of Purchasing and R�sl, Management Lisa Clay Clay s I Iardware 1001 E Harmony By EXHIBIT "A-l" Fall 2007 Etlicient Lighting Program Details Clay's Ace Hardware, City of Fort Collins Fall 2007 Efficient Li tin Program Details Markdown Customer Estimated Not -To -Exceed Eligible Product Description Incentive sales Quantities Sponsor Funds Amount limit Light Emitting Diode holiday lightstiing, power (haw not to c\ceed five watts, when customei $4 00/sti mg 900 $ i 600 presents a coupon authoiized by 10 su Ings he S ponsot Dial all products Light Emitting Diode holiday light slime powci draw not to exceed five watts, when customet $2 00/stiurg 3 450 $6,900 does not present a coupon author ized by the Sponsot TOTALS1 4,350 1 $10,500 I Customers are eligible lot one of the other incentive, i e the two incentives may not be combined 2 Quantities ate estimates only Promotion sales may include any mis. of quantities of the eligible products, as long as the total mai k-down incentive amount does not c\ceed the Not-to-Lvcoed Sponsor Funds