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<br />6.18 <br />Page 11 <br /> <br />~pplication of the Development Crant by the Truotee in <br />any particular manner, ~nd rcg~rdlcao of hm.r applied by <br />the Truatec, the Devclopcr ahall rcmuin rcoponaiblc for <br />the repayment of the Note., to inspect th~~roEerty to <br />ve~jJL~hat work or mat.erial~._~~y.~~ed ~~._t:E~---E.92:~~c~}.~E <br />item has been performed or delivered, as apDlicable. <br />~'M_"'_'_._..__MM'.._....__..~______...__..._._____._______.._M_._____.____......~,_.....~........,..._"...,~.M__.....~.____.._..__....._._,.___..___._._.._._~",..._:J.:.::...~n~~~~..'n"_..__._....M <br /> <br />Section 7. Paragraph b of Section 7.01 of the DDA is <br />hereby amended and shall read in its entirety as follows: <br /> <br />b. This Agreement integrates all of the terms and <br />conditions mentioned herein or incidental hereto, and <br />supersedes all negotiations or previous agreements <br />between the parties with respect to all or any part of <br />the Property and the development thereof. Specifically, <br />and without limiting the effect of this Section, this <br />Agreement supersedes the Memorandum of Understanding <br />entered into between the Agency and the Developer, but <br />shall have no effect on the Lo~n ~9~~~~greement between <br />the parties. <br /> <br />Section 8. <br /> <br />Miscellaneous Provisions. <br /> <br />a. This ~endment No.1, together with the DDA, is the <br />entire agreement between the parties hereto with respect to the <br />subject matter hereof and supersedes all prior agreements and <br />understandings, whether oral or written, between the parties with <br />respect to the matters contained in this Amendment No. 1 and the <br />DDA. Any waiver, modification, consent or acquiescence with <br />respect to any provision of this Amendment No. 1 shall be set forth <br />in writing and duly executed by or on behalf of the party to be <br />bound thereby. No waiver by any party of any breach hereunder <br />shall be deemed to be a waiver of any other or subsequent breach. <br /> <br />b. The Developer and the Agency agree to execute such <br />additional documents and take such additional actions which are <br />consistent with, and as may be reasonable and necessary, to carry <br />out the intent of this Amendment No.1. <br /> <br />c. This Amendment No. 1 may be simultaneously executed <br />in several counterparts, each of which shall be an original, and <br />all of which shall constitute but one in the same instrument. <br /> <br />d. Each individual entity executing this Amendment No. <br />1 represents and warrants that he, she or it has the capacity set <br />forth in the signature pages hereof with full power and authority <br /> <br />6 <br />