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3. Section 3 of the Agreement is revised to read as follows: <br /> <br /> "3, Additional Provisions Regardinu: Remaining Capacity <br /> <br /> (Subsections a., b., c., and d., no change.) <br /> <br /> e. All sewer capacity heretofore or hereafter allocated from the <br /> gemaining Capacity or otherwise purchased for Mall Store <br /> occupants, whether separately metered or not, shall remain <br /> available to Developer for use in connection with any future <br /> occupants of the Shopping Center, whether existing or constructed <br /> in the future." <br /> <br /> 4. Section 5 of the Agreemere is revised to read as follows: <br /> <br /> "5. Miscellaneous <br /> <br /> (Subsections a. and b., no change.) <br /> <br /> c. The term of this Agreement, consistent with the Development <br /> Agreement Amendment, shall terminate on December 31, 2012. <br /> <br /> (Subsections d. and e., no change.)" <br /> <br /> 5. Except as expressly modified by this Amendment, the City and Developer hereby <br /> ratify and confirm all of the terms and conditions of the Agrcrmcnt, which is fully <br /> incorporated herein by reference and shall continue in full force and effect. <br /> <br />(SRnX~SEW. SA~) 3 <br /> <br /> <br />