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4. Staging of Projects. <br />a. 2012 - new parking lots on the west side of the 400 block of N. Michigan, new <br />facades on the Skyway Bridge and Skyway Building ($3,718,000 budget). <br />b. 2013 - new parking lots on the east side of the 400 block of N. Michigan <br />($1,618,000 budget). <br />C. 2014 - Bartlett Street widening and enhancement, reconfiguration of parking lot <br />($2,925,000 budget). <br />d. 2015 - remainder of facade work ($2,180,000 budget). <br />5. No Defaults. Commission and CHA each represent and warrant that there are no <br />uncured defaults under the Agreement and that to the extent either party previously failed to <br />perform an obligation under the Agreement, the performance of such obligation is hereby <br />waived. <br />6. Continued Validity. Except as expressly modified hereby, the remaining terms <br />and conditions of the Agreement shall remain in full force and effect. <br />7. Representations and Warranties. <br />a. Memorial hereby represents and warrants that (i) Memorial is duly organized, <br />validly existing and in good standing (if applicable) in accordance with the laws of the State <br />under which it wag organized; (ii) Memorial is authorized to do business in the State of Indiana; <br />and (iii) the individual executing and delivering this First Amendment on behalf of Memorial has <br />been properly authorized to do so, and such execution and delivery shall bind Memorial to its <br />terms. <br />b. Commission hereby represents and warrants that (i) Commission is duly <br />organized, validly existing and in good standing (if applicable) in accordance with the laws of <br />the State of Indiana; (ii) Commission is authorized to do business in the State of Indiana; and (iii) <br />the individual executing and delivering this First Amendment on behalf of Commission has been <br />properly authorized to do so, and such execution and delivery shall bind Commission to its <br />terms. <br />8. Counterparts; Conflicts. This First Amendment may be executed in multiple <br />counterparts, each of which shall be deemed an original and together will constitute one and the <br />same document. To the extent there exists a conflict or inconsistency between the terms of this <br />First Amendment and the terms contained in the Agreement, the terms of this First Amendment <br />shall prevail. <br />(Signature Page Follows) <br />-2- <br />