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4 <br />f) Section 9.4 shall be deleted in its entirety and replaced with the following <br />text: <br />g) Section 9.16 shall be added to the Development Agreement as a new section <br />as follows: <br />9.16 Waiver. Neither the failure nor the delay on the part <br />of a Party to exercise any right, remedy, power, or privilege under <br />this Agreement shall operate as a waiver thereof, nor shall any single <br />or partial exercise of any right, remedy, power, or privilege preclude <br />any other or further exercise of the same or of any right, remedy, <br />power or privilege with respect to any other occurrence. No waiver <br />shall be effective unless it is in writing and is signed by the party <br />asserted to have granted such waiver. <br />h) Exhibit B (“Project Plan”) shall be replaced in its entirety with Exhibit B <br />attached to this Second Amendment. <br />i) Exhibit C (“Description of Local Public Improvements”) shall be <br />replaced in its entirety with Exhibit C attached to this Second Amendment. <br />3. Entire Agreement; Conflict. Except as otherwise stated herein, all other terms, <br />conditions and agreements contained in the Development Agreement remain unmodified and in full <br />force and effect. To the extent a conflict exists between the terms of this Second Amendment and <br />the Development Agreement, the terms of this Second Amendment shall control. Capitalized terms <br />used in this Second Amendment will have the meanings set forth in the Development Agreement <br />unless otherwise stated herein. <br />4. Counterparts; Electronic or Facsimile Transmission. This Second Amendment <br />may be executed in counterparts which, when combined, shall constitute one instrument. The <br />electronic or facsimile transmission of a signed counterpart of this Second Amendment shall be <br />binding upon the party whose signature is contained on the transmitted copy. <br /> <br />Signature Page Follows <br />