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REV: 02-16-23 MI <br />3. Conflict with Agreement. In the event of an inconsistency between the terms and <br />provisions of this Amendment and the terms and provisions of the Agreement, the terms and <br />provisions of this Amendment shall control and supersede such inconsistent terms and <br />provisions. <br />4. Binding Effect. The terms and provisions of this Amendment shall be binding upon and <br />inure to the benefit of the respective heirs, administrators, successors, transferees, and assigns <br />of the parties hereto. Except as set forth herein, the Agreement shall remain unamended. As <br />amended hereby, the Agreement is in full force and effect. <br />5. Counterparts; Electronic Signature. This Amendment may be executed in counterparts, <br />each of which shall be deemed an original and all of which shall constitute a single instrument, <br />and shall be effective upon execution of one or more of such counterparts by each of the parties <br />hereto. Each party may deliver its signature on this Amendment via DocuSign, electronic mail, <br />or other electronic or digital means and the same shall be deemed effective and enforceable for <br />all purposes. <br />(SIGNATURE PAGE FOLLOWS) <br />ATTY/AGR.2023/Amend. No.1/Safeway Inc. (Sequoia Station License and Access) (Page 2 of 3)