RecDoc 2023-044039 CONF First Amendment to and Assignment and Assumption of LMA - 910 Woodside Road_9.12.2023

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Amendment and Assignment and incorporated by this reference. FIRST AMENDMENT AND ASSIGNMENT NOW, THEREFORE, the Parties hereby amend the Original Landscape Maintenance Agreement as follows: 1. Exhibit `B" to the Original Landscape Maintenance Agreement is of no further force and effect and is hereby replaced with Revised Exhibit `B", attached hereto and incorporated by reference. 2. Predecessor hereby also assigns, conveys, transfers and sets over unto Developer all of Predecessor's rights and benefits under the Original Landscape Maintenance Agreement. 3. Developer hereby assumes and agrees to timely discharge, perform and to be bound by all of its liabilities, duties, and obligations imposed in connection with the Original Landscape Maintenance Agreement and this First Amendment and Assignment, to the same extent as if the Developer had been the original party there. 4. This First Amendment and Assignment shall be effective as of the date first set forth above. From and after such date, Developer shall be entitled to all of the rights and bound by all of the obligations set for in the Original Landscape Maintenance Agreement. Upon the execution of this First Amendment and Assignment, Developer shall constitute the "Owner" under the Original Landscape Maintenance Agreement and Predecessor shall be fully relieved of the obligations hereunder and shall have no liability for any default or failure to perform occurring from and after the date of this First Amendment and Assignment. 5. In all other respects the Original Landscape Maintenance Agreement shall remain in full force and effect. 6. This First Amendment and Assignment may be executed in any number of counterparts which together shall constitute the contract of the Parties. 7. Each person executing this First Amendment and Assignment on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this First Amendment and Assignment and perform all of its obligations hereunder. REV: 08-14-23 SK [Signature Page Follows] ATTY/AGR.2023/Amend. No.1/Valera Fooksman (910 Woodside) (Page 2 of 4)