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9. Parking.Section 2.3.2(c)(ii)is hereby deieted in its entirety and replaced with the <br /> fol lowing: <br /> "Notwithstanding the foregoing, each calendar month during the Term, Landlord <br /> shall provide to Tenant, without charge: (A) a number of Short Term Project Parking <br /> Val idations(defined below) equal to the product of thirty (30) and the number of days in <br /> such calendar month (during the Term) and(B) a number of Long;Term Project Parking <br /> Validations (defined below) equal to the product of one hundred eighty (180) and the <br /> number of days in such calendar month(during the Terni),in each case to be used only by <br /> Tenant's Business Customers for parking in the Parking Facilities without charge;provided <br /> that (x) ,Landlord shall not, at any time during the Term, be required under this Section <br /> 2.3.2(c)(ii) to provide a number of Project Parking Validations in any calendar month in <br /> excess of a number equal to the.product of two hundred ten (2[0) and the number of days <br /> in such calendar month(during the Term)and(y)any Project Parking Validations provided <br /> by Landlord with respect to any particular calendar month that are not used during such <br /> calendar month,shall, at the election ofLandlord, either: (1) become null and void(and be <br /> returned to Landlord) or (2) be credited against Landlord's obligations to provide Project <br /> Parking Validations under this Section 2.3.2(c)(R) for subsequent calendar months. No <br /> Project Parking Validations provided by Landlord to Tenant under this Section 2.3.2(e)(E) <br /> steal I be used to accommodate parking,without charge„by any particular Tenant's Business <br /> Customer(s),for a period in excess of three(3).hours on any day without Landlord's prior <br /> approval (and Tenant shall not provide any particular Tenant's Business Customer more <br /> than one Project Parking Validation on any particular day). "Short Term Project Parking <br /> Validations" means Project Parking Validations permitting Persons using such Project <br /> Parking Validations to park in the Parking Facilities for up to twenty (20)minutes without <br /> charge. "Long Term Project Parking Validations" .means Project Parking Validations <br /> permitting Persons using such Project Parking Validations to parts in the Parking Facilities <br /> for up to one(1)hour without charge," <br /> 10, No Default.Each of Landlord and Tenant hereby affirm to each other that as of <br /> the Ef-ective Date no breach, default,event of default,or other act, error, or omission which,with <br /> the giving of notice or passage of time or both would constitute a breach, default, or event of <br /> default by such party has occurred and is continuing under the Lease beyond any applicable notice <br /> or cure period. <br /> 1.1. A:lfurmation of Lease Terms. Except as modified by this First Amendment, <br /> Landlord and Tenant hereby ratify the Lease and agree that the Lease shall.remain unchanged and <br /> shall Continue in full force and effect. In the event there Is any Conflict between the terms o'fthe <br /> Lease and the terms set forth in this First Amendment, the terms specifically set out in this First <br /> Arnendrnent shall control.From and after the EfTective bate,any and all references to"the Lease" <br /> or"this Lease" in the Lease shall mean the Lease as modified by this First Amendment. <br /> 12. Mutual Authorization Representation, Each of Landlord and 'tenant hereby <br /> represent and warrant to each other that: (a) this First Amendment (and each term and provision <br /> hereot) has been duly and appropriately authorized and executed by such party through proper <br /> written corporate or limited liability company action and approval; and (b).no additional consent, <br /> agroement, or approval is required with respect hereto. <br /> 3 <br /> 5910216,11 <br /> i <br />