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6.1.E. - Page 33 <br />used are limited to the portions of the building that are used to provide <br />contracted animal control services to County and Cities. <br />c. Except for the additional funds referenced in subsection f of this Section 7, <br />which must be used as agreed by the parties, Contractor will not be required <br />by this amendment to use any additional contract funds in excess of <br />Contractor's Capital Repair Fund over the term of this Third Amendment to <br />the Services Agreement, nor is Contractor committed to exhausting the entire <br />fund; and any unexpended amounts left in the fund remain the Contractor's. <br />d. Contractor shall have discretion regarding timing of the execution of Survey <br />work, to insure that any such work does not impact its abilities to house and <br />care for animals in a way Contractor finds acceptable. <br />e. The funds expended by Contractor from the Contractor's Capital Repair Fund <br />pursuant to this section shall be used to correct conditions described in the <br />Survey which constitute health or safety hazards as determined by Contractor. <br />Contractor may also use the funds to correct other deferred maintenance and <br />repairs as described in the Survey, and additional repairs and maintenance as <br />needed. Survey work shall take priority over additional repairs and <br />maintenance. <br />f Over the term of the Third Amendment to the Services Agreement, Contractor <br />may become eligible, pursuant to the criteria set forth in this Section 7f, for a <br />maximum of an additional fifty thousand dollars ($50,000) per fiscal year <br />from County to complete additional necessary maintenance and repairs, in <br />addition to those described by the Survey, in the portions of the facility used <br />for contracted animal control services provided to County and Cities. These <br />funds will be held by County in a fund designated as "County <br />Repair /Maintenance Fund" and shall be noted as a separate line item in the <br />annual audit. No such annual funds shall be paid to Contractor in the first <br />fiscal year unless Contractor has expended a minimum of $150,000 on <br />deferred repairs and maintenance as described in the Survey or other repairs <br />