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EXHIBIT "E" ASSIGNED OBLIGATIONS -- MMN DEVELOPMENT First American covenants that the First American-MMN Development Assignment contains the indented language shown below with respect to the Third Party Conveyance Area (License Map). In the First American-MMN Development Assignment, the Third Party Conveyance Area (License Map) is referred to as the "License Parcel" and the Third Party Conveyance Area is referred to as "Lot 5." The additional language shown below in brackets is included for clarification purposes. MMN's development of the License Parcel, for the purposes of the [Project Implementation] Agreement and this Assignment, shall be a "Level I" project. The maximum building square footage for Level I stated in the [Project Implementation] Agreement is 810,000 square feet. Of the Level I maximum building square footage of 810,000 square feet, MMN shall be permitted a maximum building square footage for the License Parcel of 162,000 square feet, and a maximum building square footage of 425,000 square feet has been allotted to Lot 5. The foregoing maximum building square footages for the License Parcel and Lot 5 are . . . subject to adjustment with the maximum building square footage for one increasing and the maximum building square footage for the other decreasing, up to a maximum adjustment of 50,000 square feet. . . . The remainder of 223,000 building square feet for Level I shall remain in the control of First American for development outside of Lot 5 and the License Parcel (with the right of First American to assign all or a portion of such 223,000 building square feet). The Off -Site Improvement Obligations set forth in Exhibit "C" to the [Project Implementation] Agreement that are listed in the "Developer" column for Level I shall be the obligation of First American and not the obligation of MMN. . . . If MMN exceeds the maximum building square footage on the License Parcel of 162,000 square feet as may be increased in accordance with [the adjustment set forth above] . . . and such excess square footage on the License Parcel results in the imposition of any Off -Site Improvement Obligations that are not listed on Exhibit "C" to the [Project Implementation] Agreement for Level I under the "Developer" column, such Off -Site Improvement Obligations shall be the obligation of MMN and shall not be the obligation of First American. [end of Exhibit "Ell] 394/016555-0002/3124650.19 05/26/00 - 1 -