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AMENDMENT TO MEMORANDUM OF UNDERSTANDING This Amendment to Memorandum of Understanding ("Amendment") is entered into as of , 2014, by and among the CITY OF SOUTH BEND, INDIANA (the "Governmental Unit"), the SOUTH BEND REDEVELOPMENT COMMISSION (the "Redevelopment Commission," and together with the Governmental Unit, the "City"), and THE UNIVERSITY OF NOTRE DAME DU LAC (the "University"). RECITALS A. The City and the University entered into that certain Memorandum of Understanding dated November 29, 2012 (the "MOU") governing the use and allocation of CTP Revenues generated from that certain City of South Bend, Indiana Certified Technology Park. B. In consideration of the agreements herein contained, the parties desire to amend the MOU as follows: AGREEMENT 1. Definitions. All defined terms not separately defined in this Amendment shall have those meanings ascribed to them in the MOU. 2. Agreement on Use of CTP Revenues. Section 2 of the MOU is hereby deleted in its entirety and replaced with the following: "The City and the University agree that the aggregate of all CTP Revenues collected by the State and remitted to the Redevelopment Commission as provided by the Act and the CTP Agreement shall be divided such that (i) Ignition Park shall receive no more than Three Million Two Hundred Thousand Dollars ($3,200,000), and (ii) the entire remaining balance of all CTP Revenues shall be allocated to Innovation Park, and all used for permitted purposes under the Act and the CTP Agreement. The City and the University further agree that on an annual basis during the term of this Agreement they shall provide one another with a list of the permitted purpose expenditure items for Innovation Park and Ignition Park and that the Redevelopment Commission shall approve, subject to further proceedings required by law, the expenditure of an allocation of 36% of such CTP Revenues for that year for such expenses at Innovation Park and an allocation of 64% of such CTP Revenues for that year for such expenses at Ignition Park (collectively, the "Allocated CTP Revenues"). In the event that expenditures for permitted purposes under the Act at either Innovation Park or Ignition Park do not constitute the Allocated CTP Revenues available in any given year, the unused CTP Revenues for such year may be used for permitted purpose expenditure items in the other location within the Park, to the extent that such other location has additional expenditures for permitted purposes under the Act for that year, so long as such expenditures do not exceed the aggregate limitations for Innovation Park and Ignition Park set forth above. Nonetheless, (i) the aggregate CTP Revenues expended for permitted purposes under the Act within Innovation Park may not exceed One Million Eight Hundred Thousand Dollars ($1,800,000) without the approval of all of the parties to this Agreement, and (ii) the aggregate CTP Revenues expended for permitted purposes under the Act within Ignition Park may not exceed Three Million Two Hundred Thousand Dollars ($3,200,000) without the approval of all of the parties to this Agreement.