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ADDENDUM TO COMMERCIAL PURCHASE AGREEMENT WHEREAS, the Purchaser, MAVCON PROPERTIES, LLC, a Michigan limited liability company ( "Purchaser "), and the Seller, the SOUTH BEND REDEVELOPMENT COMMISSION, the governing body of the Department of Redevelopment of the City of South Bend, Indiana, existing and operating under the provisions of Indiana Code § 36 -7 -14, as amended, ( "Seller "), having entered into a certain Commercial Purchase Agreement (the "Agreement ") for the purchase and sale of real estate situated in the City of South Bend, St. Joseph County, Indiana, commonly known as the LaSalle Hotel, pursuant to the terms and conditions set forth in the Agreement; and WHEREAS, the Parties now wish to amend the Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this Addendum to Commercial Purchase Agreement as follows: (1) Paragraph 11 entitled "Inspection Period" shall be and is hereby amended, revised and replaced as follows: 11. INSPECTION PERIOD. Purchaser, its agents, employees, consultants and contractors shall have the privilege, opportunity, and right to enter upon the Property to inspect, examine, and perform surveys, soil tests, borings, structural analysis and tests, and any other tests needed to determine structural surface, subsurface, and topographic conditions of the Property, or for any other reasons deemed necessary by Purchaser. Purchaser shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Purchaser determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Purchaser, determined in the absolute discretion of Purchaser, with Purchaser's decision being final and binding upon both parties. Likewise, Purchaser shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Purchaser determines the Financial and Tax Incentives to be, in all respects, sufficient for the proposed redevelopment. The decision as to whether the Financial and Tax Incentives are sufficient for the proposed redevelopment shall be the sole decision of Purchaser, determined in the absolute discretion of Purchaser, with Purchaser's decision being final and binding upon both parties. Purchaser shall have one hundred and eighty (180) days from the Effective Date to notify Seller of its termination of this Agreement due to Purchaser's determination that the Property is unsuitable or unacceptable or that the Financial and Tax Incentives are insufficient or 1