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ii. the volatility affects the marketplace or industry, not just the. Contractor's <br />source of supply; <br />iii, the effect on pricing or availability of supply is substantial (effect on <br />pricing must exceed the Contract price by at least 10%); and <br />iv. the volatility so affects the Contractor that continued performance of the <br />Contract would result in substantial loss. Any adjustment shall require <br />irrefutable written documentation submitted to the Purchasing <br />Administrator. <br />The maximum equitable adjustment permitted shall be a seven and one-half percent <br />(7.5%) fuel fee and a seven and one-half percent (7.5°l0) Safety Compliance Fee. The <br />Contractor may not request, and shall not be entitled to, the fuel surcharge described <br />herein in the event that fuel prices fall below the May 1, 2023 diesel average of 54.07 per <br />gallon according to the U.S. Energy Information Administration, East Coast (PADD 1) <br />Gasoline and Diesel Retail Price. <br />2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all <br />terms and conditions of the original Agreement between the parties shall remain in full force and effect. <br />3. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions <br />contained in this First Amendment shall prevail and be given superior effect and priority over any <br />conflicting or inconsistent term, statement, requirement or provision contained in any other document or <br />attachment, including but not limited to Attachment "A," "B," or "C." <br />IN WITNESS WHEREOF, the parties hereto have executed this document as of the date <br />mentioned above. -..N <br />CITY OF SUNNY ISLES BEACH <br />Stan Morris, City Manager <br />(ADDITIONAL SIGNATURE PAGE TO FOLLOW) <br />Academy Bus - Second Amendment 2 <br />