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, Williamson and Wilson 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/ CHESTER C. DAVENPORT OCTOBER 2, 1996 -------------------------------------------- -------------------------- CHESTER C. DAVENPORT, Chairman Date STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION BY: /S/ JUSTIN P. WILSON SEPTEMBER 9, 1996 --------------------------------------------- -------------------------- JUSTIN P. WILSON Date Commissioner -2- APPROVED: TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION BY: /S/ JOHN D. FERGUSON SEPTEMBER 16, 1996 --------------------------------------------- -------------------------- JOHN D. FERGUSON Date COMPTROLLER OF THE TREASURY BY: /S/ WILLIAM R. SNODGRASS SEPTEMBER 17, 1996 --------------------------------------------- -------------------------- WILLIAM R. SNODGRASS Date Comptroller -3-