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Contract. The Owners further waive any requirement under the Levee Agreement, including without <br />limitation Section 4(1), that funds from the Maintenance Reserve account shall be used exclusively for repair <br />of the Seaport Centre Wet Utilities, and instead agree that such funds may be used as specified in this <br />Amendment. The Owners do not otherwise waive any term or provision of the Levee Agreement or the <br />Form Purchase Contract. <br />6. Consistency with thehate acid Method. The Owners acknowledge and agree that the <br />terms of this Amendment are consistent with the terms of the Rate and Method. The Owners hereby waive <br />any right to make any protest or complaint or to undertake any legal action challenging the validity of the <br />Special Taxes as a result of the execution and delivery of this Amendment or any of the actions authorized <br />by this Amendment. <br />7. Representations of Parties. Each of Parties hereby represents and warrants without <br />reservation or qualification of any kind that it is authorized and has full power to execute and deliver this <br />Amendment without obtaining the consent or approval of any other person or entity, and that the below <br />signatory for each of the Parties is authorized to execute and enter into this Amendment on that party's <br />behalf. City further acknowledges and agrees that the Parties' agreement regarding the disbursement and <br />allocation of the Maintenance District's Maintenance Reserve funds in accordance with this Amendment is <br />a minor conforming, technical or clarifying change that does not materially increase the obligation of the <br />City under the Levee Agreement. <br />8. Electronic Sip -nature. This Amendment may be executed electronically consistent with <br />the City's Electronic Signature Policy. <br />9. Conflict, No Further Modification. In the event of any conflict between the terms of the <br />Levee Agreement, including the Form Purchase Contract, and this Amendment, this Amendment shall <br />prevail. Except as otherwise set forth in this Amendment, all of the terms and provisions of the Levee <br />Agreement shall remain unmodified and in full force and effect. <br />(Signatures on following pages) <br />ATTY/AGR/2025/AMEND. NO.2 — MASTER SEAPORT LEVEE AGREEMENT <br />REV: 10-15-25 VR <br />Page 4 of 6 <br />