Exhibit 10.44
AMENDMENT NO. 3 TO CONTRACT
BETWEEN
ENVIROTEST SYSTEMS CORP.
AND
STATE OF TENNESSEE
DEPARTMENT OF ENVIRONMENT AND CONSERVATION
WHEREAS, Envirotest Systems Corp. and the State of Tennessee,
Department of Environment and Conservation, entered into Contract No.
RV-5-00575-5-00 on May 16, 1994, relating to the operation of vehicle inspection
and maintenance programs in Rutherford, Sumner, Xxxxxxxxxx and Xxxxxx Counties,
and
WHEREAS, the parties desire to amend said Contract in the matter
described below to reflect certain changed circumstances, and
WHEREAS, Contractor is utilizing a mobile emissions testing facility
(the "mobile facility") to supplement its contractual requirements under the
Contract.
NOW, THEREFORE, the parties amend said Contract by adding as a new
Section 44 and 45 as follows:
"SECTION 44. MOBILE FACILITY.
The State acknowledges that the use of the mobile facility by
Contractor is completely voluntary on the part of Contractor and is not
required in any way by the State or the requirements of the Contract.
The State acknowledges the Contractor's right to terminate the use of
the mobile facility at any time for any reason.
"SECTION 45. MOBILE TESTING SITES AND FACILITY.
The State and Contractor agree further that the requirements
of Section 3 of the Contract, relative to the location of testing
sites, Section 5, relating to inspection sites and facilities, Sections
7.B.1.d and 7.C.1. and 2., regarding equipment requirements (exhaust
removal system and disabled vehicle mover), Section 8.A., paragraphs 2,
3 and 4, regarding facility and lane downtime, and Section 10.B.,
relative to hours of operation, are not applicable to the mobile
testing facility. Contractor acknowledges that the mobile facility and
testing procedures utilized at the mobile facility are required to and
do meet all requirements of Section 6, relative to inspection
procedures, and Section 7, relative to equipment requirements, with the
exception of 7.B.1.d. and 7.C.1. and 2. as noted above."
The other terms and provisions not amended hereby shall remain in full
force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized
representatives, set their signatures.
ENVIROTEST SYSTEMS CORP.
BY: /S/ XXXXXXX X. XXXXXXXXX OCTOBER 2, 1996
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XXXXXXX X. XXXXXXXXX, Chairman Date
STATE OF TENNESSEE
DEPARTMENT OF ENVIRONMENT AND CONSERVATION
BY: /S/ XXXXXX X. XXXXXX SEPTEMBER 9, 1996
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XXXXXX X. XXXXXX Date
Commissioner
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APPROVED:
TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION
BY: /S/ XXXX X. XXXXXXXX SEPTEMBER 16, 1996
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XXXX X. XXXXXXXX Date
COMPTROLLER OF THE TREASURY
BY: /S/ XXXXXXX X. XXXXXXXXX SEPTEMBER 17, 1996
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XXXXXXX X. XXXXXXXXX Date
Comptroller
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