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2 4. Amendment to Purchase Agreement. The parties agree to delete Section 3.7 (a) of the Agreement in its entirety and replace it with the following: Section 3.7. Closing; Delivery and Recording. (a) Subject to the substantial satisfaction of all of the terms and conditions contained in this Agreement which must be satisfied prior to the EDA's conveyance of the Development Property to the Developer, the EDA shall execute and deliver the Development Property Deed to the Developer at closing. Closing shall occur on or before September 3, 2019, or as soon thereafter as reasonably practicable. However, if closing has not occurred by December 31, 2019, either party may terminate this Agreement by notice to the other in accordance with Section 9.5 of this Agreement. The Developer shall have possession of the Development Property upon closing. Closing shall be at the offices of the EDA, 2401 Mounds View Boulevard, Mounds View, Minnesota 55112, or such other location to which the parties may agree. Prior to closing, the EDA shall submit to the Developer a copy of the Development Property Deed and other closing documents for review. The Development Property Deed shall be in recordable form and shall be recorded among the County land records. 5. Authority. The parties to this Assignment represent and warrant to the other parties that each has the capacity and authority to enter into this Assignment and all corporate approvals necessary to give effect to this Assignment have been granted by each party. 6. Continuity of Agreement. Except as herein modified or amended, the provisions, conditions, and terms of the Purchase and Development Agreement will remain unchanged and in full force and effect. 7. Counterparts. This Assignment may be executed in counterparts, each of which as so executed shall be deemed to be an original but all of which together shall constitute one and the same instrument. A facsimile signature or signature delivered by email transmission shall be acceptable as an original for all purposes. 8. Binding Effect. This Assignment shall inure to the benefit of and be binding upon the parties hereby, and their respective successors and assigns. 9. Amendment, Waiver or Termination. This Assignment cannot be amended, waived or terminated except by a writing signed by the parties hereto. 10. Governing Law. This Assignment shall be construed in accordance with the laws of the State of Minnesota, without giving effect to any choice or conflict of law provision or rule thereof. [Remainder of page intentionally left blank.]