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4. Amendment to Purchase Agreement. The parties agree to delete Section 3.' (a) of the Agreement 111 its entirety and replace It with die follo\\-ulg: Section 3.7. Closine; Delivery and Recording. (a) Subject to tine substantial satisfaction of all of the terms and conditions contained m this Ag1'eennelnt 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. Closimg shall occur oil 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 ternimate this Agree111elnt by notice to the other ill accordance with Section 9.5 of this Agreement. The Developer shall have possession of the Development Property upon elosin_. Closing shall be at the offices of the EDA. 2401 141ounds View Boulevard. Mounds Vlew. 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 docluuents for review. The Development Property- Deed shall be in recordable form and shall be recorded alnnong the County land records. 5. Authorih.. The partles to this Assiglullelnt represent and lvan-ant to the other parties that each has the capacity and authority to enter into this Assiglmnent and all corporate approvals necessary to give effect to tills Asslgillllent have been granted by each party. 6. Continuity of Agreement. Except as herein modified or amended. the provisions. conditioIls. and terms of the Purchase and Development Agreement will relllanl unchanged and in full force and effect. 7. Counterparts. This Assla nlllelnt may be executed m counterparts. each of which as so executed shall be deemed to be an orisinal but all of which together shall constitute one and the same nlstrunient. A facsimile siallatiue`or signature delivered by elllall transmissioI] shall be acceptable as all original for all purposes. S. Binding Effect. This Assignment shall ince to the benefit of and be binding upon the parties hereby. and their respective successors and assigns. 9. Amendment. Waiver or Termination. This Assignment carmot be amended. waived or terinilated except by a writing sidled by the parties hereto. 10. Governing Lan-. This Assiglllllent shall be construed it accordance with the laws of the State of Ninulesota. n-1thout giving effect to any choice or conflict of law provision or nlle thereof. [Rerrrninder of page intentionnllY left blank] B-2 604818v I MU205-46