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CC PACKET 01232024
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CC PACKET 01232024
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2/13/2024 2:17:13 PM
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2/13/2024 2:16:20 PM
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2 <br />1.Recitals. The Parties acknowledge that the foregoing recitals are true and correct and that <br />such recitals are incorporated herein by this reference as if restated in full herein. <br />2.Correction of Scrivener’s Errors. Each reference to “Apache Park Owner” in Sections 3(b), <br />3(c), 3(d), 4(a), and 4(c) of the Agreement is hereby deleted and replaced with “Shopping Center Owner”. <br />This Section 2 of this Correction shall be made effective as of February 1, 2022. <br />3.Maintenance Party. Notwithstanding anything in the Agreement or this Correction to the <br />contrary, if Shopping Center Owner assigns its rights and obligations under the Stormwater Agreement <br />pursuant to an “Assignment of Maintenance Obligations” (as such term is defined in the Stormwater <br />Agreement), then, from and after the effective date of such assignment, the references to “Shopping Center <br />Owner” in Sections 3(b), 3(c), 3(d), 4(a), and 4(c) of the Agreement (as corrected by Section 2 of this <br />Correction above) shall be deemed to mean and refer to the then-current “Maintenance Party” (as such <br />term is defined in the Stormwater Agreement) under the Stormwater Agreement. <br />4.Miscellaneous. Except as otherwise set forth in this Correction, all of the terms and <br />provisions of the Agreement shall remain in full force and effect. This Correction is binding on the Parties <br />and their successors and assigns. <br />5.Counterparts. This Correction may be executed in counterparts, and any executed <br />counterpart shall be deemed an executed original and all such counterparts shall constitute one agreement <br />for all purposes. <br />[Signature pages follow] <br />28
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