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4. Miscellaneous. Capitalized terms used but not defined herein shall have the meanings ascribed to <br />such terms in the Sale Contract and/or the Development Agreement, as applicable. In the event of any <br />conflict between the Sale Contract and/or the Development Agreement and this Amendment, the terms and <br />conditions of this Amendment shall control. Except as expressly provided in this Amendment, all of the terms <br />and conditions of the Sale Contract and the Development Agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, Developerand Commission have executed this Amendment as <br />of the date set forth above. <br />JEFFCOURT, INC. <br />By: <br />Lawrence E. Burnell, Vice-President <br />CITY OF SOUTH BEND, BY ITS <br />DEPARTMENT OF REDEVELOPMENT <br />B y: <br />Marcia I. Jones, President, South Bend <br />Redevelopment Commission <br />L VDocumentiAShoup, JennyU2E1ASoWh 025ep08 <br />13cndrAmendmems'~Amendmcn~ ~o Ucvclopment and Purchase <br />Agreemen~s.v4.wpd -2- <br />