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REV: 05-03-23 VR <br />2. Extension of Term. The term of the Agreement as set forth in Section 1 thereof is <br />hereby extended beyond the Initial Term through May 5, 2023 (“Extension Term”). <br />(a) This Extension Term together with the Initial Term shall be referred to as the <br />“Term” in the Agreement. <br />(b) Commencing on the Effective Date of this Amendment and through the <br />expiration of the Extension Term, Fox agree to make the Fox Theatre available to City for up to four <br />community events each year (each, an “Event”). Such Events will be provided to City at no cost with <br />the exception of staffing costs referenced in Exhibit A, attached to this Amendment. For each such <br />Event, City and Fox agree to be bound to the terms and conditions set forth in the Exhibit A, which is <br />attached hereto and incorporated herein by reference. <br />3. Ratification. The City and Fox acknowledge and agree that the Agreement, except <br />as amended by this Amendment, remains unmodified and in full force and effect in accordance <br />with its terms. <br />4. Interpretation. As used in this Amendment, masculine, feminine or neutral gender <br />and the singular or plural number shall each be deemed to include the others where and when the <br />context so dictates. The word “including” shall be constructed as if followed by the words <br />“without limitation.” This Amendment shall be interpreted as though prepared jointly by both <br />parties. <br />5. Authorization. Each individual or entity executing this Amendment on behalf of <br />either party represents and warrants that they are duly authorized to execute and deliver this <br />Amendment on behalf of such party and that such execution is binding upon such party. <br />6. Electronic Signatures. If both parties agree, electronic signatures may be used in <br />place of original signatures on this Amendment. Each party intends to be bound by the signatures <br />on the electronic document, is aware that the other parties will rely on the electronic signatures, <br />and hereby waives any defenses to the enforcement of the terms of this Amendment based on the <br />use of an electronic signature. After both parties agree to the use of electronic signatures, both <br />parties must sign the document electronically. <br /> <br /> <br />[Signature Page Follows] <br />. <br />ATTY/AGR.2023/Amend.No.1/Fox Theatre Property (Fox Theatre) (Page 2 of 4)