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2. No Release of Buyer. Notwithstanding the designation of such corporation as the <br />"grantee" under the Deed, Buyer agrees that it is not being released from any obligations under <br />the Purchase Agreement and that it remains solely responsible for performing all obligations to be <br />performed by Buyer under the Purchase Agreement. <br />3. Final Man Recording. Seller agrees that the recording of the Final Map for the <br />Development (the "Final Man") will satisfy the requirements of Section 8.3.1 of the Purchase <br />Agreement. Furthermore, notwithstanding Section 8.3.1 of the Purchase Agreement, Seller agrees <br />that the Closing may occur, and the Deed may be recorded, prior to the recordation of the Final <br />Map, as long as the following conditions are satisfied: <br />a. The City Council of the City has approved the Final Map; <br />b. The Deed and the Final Map (among other documents including Landscape <br />Maintenance Agreements, Stormwater Treatment Measures Maintenance <br />Agreements, Improvement in Right of Way, Release and Hold Harmless <br />Agreement, Subdivision Improvement Agreement and Regulatory <br />Agreement and Declaration of Restrictive Covenants) will be recorded <br />concurrently as part of a single closing, with the Deed being recorded first <br />and the Final Map being recorded after the Deed but on the same day; and <br />C. Escrow instructions relating to the recording of the Deed and the Final Map <br />have been approved by City, and require the Escrow Holder to cause the <br />Deed and the Final Map to be recorded in the order described above. <br />4. Except as expressly amended by this Amendment, the Purchase Agreement remains <br />in full force and effect without modification. <br />REV: 04-07-2022 SK <br />[SIGNATURES APPEAR ON THE FOLLOWING PAGE] <br />ATTY/AGR.2022-Amend No. 1/IQHQ Elco Yards, LP (Page 2 of 4) <br />