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3) Parkine: Ae:reement. Tenant acknowledges and accepts the "Retail/Cinema Parking Business Points" outline that is attached hereto and made a part hereof as Exhibit C-l (the "Updated City Parking Agreement Terms"), which reflects the current status of the negotiations between Landlord and the City with regard to the Parking Agreement that is contemplated under the Redevelopment Agreement and Section 2.3(d) of the Lease. The Updated City Parking Agreement Terms shall supplement the Parking Agreement Outline that is sct forth in Exhibit C to thc Original Leasc and, if and to thc extcnt of any inconsistency betwcen the Updated City Parking Agreement Terms and the Parking Agreement Outline set forth in Exhibit C to the Original Lease, the Updated City Parking Agreement Terms shall govern and control. a) Date for Approval and Recording Parking Agreement. The date by which Landlord is required to enter into and record the Parking Agreement pursuant .to Section2.3(d) of the Original Lease is hereby extended from December 31, 2002 to October 1,2003. b) Landlord's Obligations Unchanged. Notwithstanding Tenant's acceptance of the Updated City Parking Agreement Terms and/or Tenant's approval of the final Parking Agreement (whether or not the Updated City Parking Agreement Terms are incorporated therein), Landlord's obligations to provide, maintain, repair and replace parking facilities available for use by Tenant (including, without limitation, the Parking Facility described in Section 1.2 of the Original Lease) in accordance with the Original Lease shall not be diminished or otherwise affected by the Updated City Parking Agreement Terms or the final Parking Agreement. Without limiting the foregoing or Landlord's obligations set forth in the Lease with respect to parking facilities, and notwithstanding anything to the contrary set forth in the Updated City Parking Agreement Terms, Landlord covenants and agrees as follows: (i) the Jefferson Garage described in the Updated City Parking Agreement Terms shall contain not fewer than 580 parking . spaces; (ii) Landlord shall not give any consent or approval under the Parking Agreement or the Updated City Parking Agreement Terms (including, without limitation, any agreement with respect to the parking standards contemplated in item 4(b) of the Updated City Parking Agreement Terms), nor waive any terms or provisions thereof, without first obtaining the express written consent of Tenant; (iii) the 20-minute limit specified in item lei) of the Updated City Parking Agreement Terms shall apply only before the earlier of 9:00 p.m. or the closing time of Cost Plus World Markets or its successor; (iv) the Block Two parking lot (also defined as the "Middlefield Garage") described in the Updated City Parking Agreement shall contain not fewer than 290 parking spaces; (v) the parking requirements with respect to the Red Zone set forth in iterµ 5(a) of the Updated City Parking Agreement Terms shall not be satisfied unless at least 580 parking spaces are located within the Jefferson Garage and at least 290 parking spaces are located within Block Two; and (vi) no fewer than 650 parking spaces shall be available as public parking on evenings and weekends within the County Parking Garage described in item 7 of the Updated City Parking Agreement Terms. 4) Extension of Time to Satisfy Conditions. The outside dates for the satisfaction of the conditions described in Section 2.3(b) and Section 2.3(e) of the Original Lease are hereby extended from December 31, 2002 to September 30, 2004. It is contemplated that the City of -CHG02:20094824. vI . --.....>.....