ADDENDUM

May 10, 2023

ADDENDUM

THIS ADDENDUM dated this ____________day of _________­­___________________, ____________

BETWEEN

Krekura Design, an Independent Contractor in Virginia Beach (“Vendor”), and the Navy SEAL

Foundation, Inc., a Virginia, nonstock notforprofit corporation with its principal place of business at 1619 D Street,Virginia Beach, Virginia, 23459 (“NSF”) (collectively referred to as “Parties” or individually as “Party”) and includes that Party’s successors and assigns.

This document is about a contract agreement dated January 1, 2021, between the Parties mentioned above (hereinafter referred to as the “original contract”).

May it be known that the undersigned Parties, for good consideration, do hereby agree to make the following changes and additions that are outlined below. These additions shall be made valid as if they are included in the original contract.

  1. NO OTHER CHANGE

Except as otherwise expressly provided in this agreement, all of the terms and conditions of the original contract remain unchanged and in full force and effect.

The contract is amended as follows:

  • FEES AND EXPENSES

The Parties hereby wish to DELETE Section 4 (c) Caps and Fees, that reads as follows “…Notwithstanding

anything stated in this Agreement or the exhibits attached hereto, in no event shall NSF pay Vendor an aggregate sum under this Agreement that exceeds $40,000.”

  • GENERAL PROVISIONS
  • The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
  • This agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this agreement. If any ambiguity is found in the agreement or various documents forming this agreement, the Parties shall issue any necessary clarification or instruction. The Parties will exercise utmost good faith in this agreement.
  • Parties may alter this agreement subject to a written document signed by all Parties.
  • Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other default or breach, or subsequent default or breach.
  • This agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute the same instrument.
  • All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents.
  • The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
  • Any reference to the singular includes the plural and vice versa, and the male gender includes the female gender and vice versa.
  • Parties shall be served through their above-named addresses; either Party may change their addressees by reasonable written notice given to the other Party.
  • This agreement shall be governed by and construed per the laws of the State of Virginia, without regard to the conflict of laws provisions thereof. The state and federal courts located in Norfolk, Virginia shall have exclusive jurisdiction for the purposes of adjudicating disputes under this Agreement.

Each Party represents and warrants to the other that such Party has acted in good faith and agrees to continue to so act in the negotiation, execution, delivery, performance, and any termination of this agreement.

IN WITNESS WHEREOF, this agreement has been executed by the parties as set forth below.

KREKURA DESIGN

______________________  _________________    ____________________________      ____________

(NAME)                     (DESIGNATION)                     (SIGNATURE)                          (DATE)

NAVY SEAL FOUNDATION, INC (NSF)

______________________  _________________    ____________________________      ____________

(NAME)                     (DESIGNATION)                     (SIGNATURE)                          (DATE)

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