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2 <br />2.Amendments. The Development Agreement is hereby amended as follows: <br />a)In Section 1.3, the text “Nine Million Seven Hundred Thirty-Seven <br />Thousand ($9,737,000.00)” shall be deleted and replaced with the <br />following: “Ten Million Seven Hundred and Thiry-Seven Thousand <br />($10,737,000.00).” <br />b)In Section 1.4, the text “Sixty-Three Million Dollars ($63,000,000.00)” <br />shall be deleted and replaced with the following: “Sixty-Five Million <br />Dollars ($65,000,000.00).” <br />c)The entirety of Section 5.2(b)(i) shall be deleted. <br />d)The entirety of Section 5.3 shall be deleted and replaced with the following: <br />5.3 Funding Amount Closing. Notwithstanding <br />anything contained herein to the contrary, once the Commission has <br />expended or obligated, through its own contracts or contracts <br />entered into on its behalf by the Board of Works serving as its agent, <br />at least Ten Million Six Hundred and Eighty-Seven Thousand <br />($10,687,000.00), the Commission will not be required to expend <br />any further portion of the Funding Amount or otherwise complete <br />any further Local Public Improvements. The Parties mutually <br />acknowledge and agree that, in such circumstances, the <br />Commission's obligation to expend the Funding Amount will be <br />fully satisfied and discharged without the necessity of expending the <br />entire sum of Ten Million Seven Hundred and Thiry-Seven <br />Thousand ($10,737,000.00). <br />e)Exhibit B (“Project Plan”) shall be replaced in its entirety with Exhibit B <br />attached to this Third Amendment. <br />f)Exhibit C (“Description of Local Public Improvements”) shall be <br />replaced in its entirety with Exhibit C attached to this Third 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 <br />full force and effect. To the extent a conflict exists between the terms of this Third Amendment <br />and the Development Agreement, the terms of this Third Amendment shall control. Capitalized <br />terms used in this Third Amendment will have the meanings set forth in the Development <br />Agreement unless otherwise stated herein. <br />4.Counterparts; Electronic or Facsimile Transmission. This Third 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 Third Amendment shall be <br />binding upon the party whose signature is contained on the transmitted copy.