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2011, the Effective Date of the original Agreement to be performed under Section 10.4.3.1 of the <br />terms of the original Agreement as if the ASSIGNEE had been the original signatory. <br />3. Upon execution of this Assignment, AXIOMA (as ASSIGNEE) shall be deemed <br />the CONTRACTOR for the PROJECT for all purposes associated with Section 10.4.3.1 and any <br />and all claims that are related to or arise under or are affected by the language under Section <br />10.4.3.1 can be made and/or filed with the Insurance to be maintained by AXIOMA. <br />4. This Assignment shall be binding upon, be enforceable against, the ASSIGNOR <br />and AXIOMA (as ASSIGNEE) and inure to the benefit of the CITY. <br />5. The Parties expressly agree that neither the ASSIGNOR nor ICG (as the first <br />ASSIGNEE of the entire Agreement) shall not be released from any and all duties, obligations <br />and/or liabilities arising under or related to the Agreement. <br />6. The CITY hereby consents to the foregoing Amendment to the original Agreement <br />and this Assignment. <br />7. This Assignment shall be governed by and construed in accordance with the laws of <br />the State of Florida, without giving effect to the conflicts of law or choice of law provisions <br />thereof. <br />8. The Parties agree that a facsimile signature may substitute for and have the same <br />legal effect as the original signature. <br />9. This Second Amendment and Consent to Assignment shall be deemed fully <br />executed on the date that the last Party signs it. <br />IN WITNESS WHEREOF, CITY, ASSIGNOR AND ASSIGNEE signed this Contract in <br />triplicate. <br />REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK <br />Page 2 of 5 <br />