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REV: 01-20-23 JB <br />Sponsor is responsible for the completion of the Scope of Work as described in Exhibit <br />A-3, "Scope of Work Information," which is attached to this Agreement and incorporated <br />herein by this reference. <br />3.Funding Commitment. Section 2.1 of the Funding Agreement is amended by deleting the <br />first paragraph in its entirety and replacing it with the following: <br />"The TA allocates to Sponsor up to $8,140,000, which includes up to $50,000 in the form <br />of TA staff or consultant support for the PS&E and ROW phases, for reimbursement of <br />expenditures related to the Scope of Work (Scope of Work Costs) as provided in this <br />Section 2. Sponsor will contribute, or provide for the contribution of, $2,760,000 in <br />matching funds, as well as the entire amount in excess of $10,900,000 needed to complete <br />the Scope of Work. The TA's funding commitment under this Agreement in no way <br />establishes a right for Sponsor to receive additional funding from the TA. All funding <br />obligations of the TA under this Agreement are subject to downward adjustment based on <br />actual sales tax receipts for the fiscal years indicated." <br />4.Term. Section 3.1 of the Funding Agreement is deleted and amended in its entirely to read <br />as follows: <br />“The term of this Agreement will commence on Execution Date and conclude upon the <br />earliest of: (a) the TA’s final reimbursement to Sponsor for work performed hereunder, (b) <br />termination by Sponsor or the TA pursuant to this Section 3, or (c) December 31, 2023.” <br />5.Time of Performance. Section 3.5 of the Funding Agreement is deleted and amended in its <br />entirety to read as follows: <br />“The Scope of Work must be completed no later than September 30, 2023.” <br />6.Effect. Except as and solely to the extent amended by the First, Second and Third <br />Amendments, the Funding Agreement shall continue in full force and effect in accordance with <br />its terms. <br />IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed <br />by the persons authorized to act in their respective names on the day and year first written above. <br />[Signature Page Follows] <br />ATTY/AGR.2023/Amend. No.3/SMCTA (101 Woodside Interchange) (Page 2 of 7)