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(AS Contact 16649) AMENDMENT NUMBER 1 To Request for Quotes No. 40-SASHostedSRC ‘This Amendment #1 amends the contract by and between the North Caroina Department of Public Instruction (DPI) and SAS Institute Inc., 100 SAS Campus Drive, Cary, NC 27513 (SAS). ‘Whereas, the Parties entered into Contract Request for Quotes No, 40-SASHostedSRC. effective as cf January 8, 2015 (as amended, the “Contract’); WHEREAS, the Contract establishes a SAS hosted System for School Report Card data (Schoo! Report Card System’); and WHEREAS, the Contract limits the School Report Card System t> two computing environments; and WHEREAS, the Parties agree to amend the Contract to allow ‘or an additional ‘computing environment within the School Report Card System; NOW THEREFORE, for and in consideration of the mutual promises and other good and valuable consideration set forth hereinafter, DPI and SAS hereby amend the Contract as follows. 1. The recitals set forth above are incorporated into and made a part of this Amendment. Capitalized terms used herein and not otherwise defined shall have the meanings ‘ascribed fo them in the Contract. 2. Attachment Two (titled RFQ Attachment Two: Order Form) to the Contract is amended to provide that SAS wil provide three (3) hosted environments, and tat the three (3) Provided hosted environments shall be: one (1) production environment, one (1) test environment, and one (1) development environment, all to be used by Users solely for the beneft of DPI for the Purpose already identified in the Contract, 3. This is a no fee Amendment; SAS will not charge any fees to OPI wih regard to this ‘Amendment. 4, Iran Divesiment Act: Pursuant to N.C.G.S. 147-8655 et seq, the State shall nat enter into ‘2 Contrac: unless the awarded Vendor provides a certification of compliance with the Iran Divestmert Act to the awarding agency, and on a periodic basis thereafter as may be required ty the State. Vendors are directed to review the foregoing laws. The iran (AS Conta #7660) Divestment Act Certification Form must be completed by SAS and is incorporated into the Contract 5. Pursuant to N.C.G.S. § 1498-1360(n1), the Parties hereby amend the Contract as folows: 2) Section 9.2 of RFQ Attachment One: Hosting Agreement attached to the Contract (Limitation of Liability) is amended to refer to two (2) limes the Fees paid for the Hosting Services or Addiional Services rather than one (1) times such fees, such that Section 9.2 shall state “THE TOTAL AMOUNT CUSTOMER MAY RECOVER FOR ALL CLAIMS RELATING TO THE AGREEMENT IS LIMITED IN THE AGGRECATE 0 TWO (2) TIMES THE FEES PAID FOR THE HOSTING SERVICES OR ADDITIONAL. SERVICES AT ISSUE" DURING THE TWELVE (13) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHEN THE CLAIM AROSE, OR FIFTY. ‘THOUSAND DOLLARS (30,10) (US), WHICHEVER IS GREATER’ 2) Section 0.8 of RFQ Attachment One: Hosting Agreennenl lated to the Contract (Applicabilty) is amended 'o provide that the foregoing limitation of tabilty shall not apply to claims for physical injury to Persons, damage to tangible personal property, of to lability of SAS for Intentional or wilful misconduct. This imitation of labilty does not apply to contributions among joint tortleasors under N.C.G'S. 18-1 et 8e0,, or SAS' liabilly directly to third partes, All Terms and Consitions of the Contract not expressly modified by this Amendment #1 remain in full force and effect. This Amendment #1 becomes effective upon execution by the authorized officials as ofthe date incicated below, SIGNATURE PAGE FOLLOWS] (SAS Consac7558) INWITNESS THEREOF, the Parties have executed this Amendment on the day and year set forth below. NORTH CAROLINA STATE BOARD OF EDUCATION (acting on behalf of North en of Pug Instruction} By: ‘Adam Levinson Chiet Financial Officer Date: fafa NC Superintendent/of Public Instruction, ‘on behalf of the State Board of Education following approval by the Chief Fjnapeial Oftcer pursuant io Board Poices SBOP013 and CNTR-002 oate_alufi srsimtne, BS vy wu & a can _ ser SAS Contact No 75649 Amendment 1 foRFQ No 40.SASHosted SRC. IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY GS. 147-8659 LAs ofthe date written below, the undersigned certifies that: 4) He or she is authorized by SAS Insitute Ine, to make this cerification, and 1) SAS Institute Inc, as a person defined in GS, 147-86.57(6) it not curenly identified by pursuant to G'S. 147-86 58(1) BH NV shy 24,2017 Signature Dare Vitra P. Clayton Sevier Manager, Contacts Adminitation Printod Name Tile or 2. As ofthe date writen below, the undersigned certs tha: 8) He or she is authorized by SAS Institute Ine. to make this erificaton, and ) SAS Insitute Inc, asa person defind in G'S, 147-86.57(6 is identified by the State ‘Treasurer pursuant to GS. 147-86 58(1) Signature Date Printed Name Tile And: 3. SAS Insitute Inc. claims an exception from the restrictions on Site contracts under the Ian Divestment Act pursuant to G'S. 147-8661, and submits relevant materials sporting ils

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