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3. Maximum. Section 3.c of the Agreement is modified by deleting "$1,595,406" <br />and increasing the maximum not to exceed amount by $279„1-1-1, thus -substituting in lieu thereof <br />"$1,874,517" as the new maximum not to exceed amount of the Agreement. <br />4. Lease. The City shall be responsible for funding to IF all amounts payable under <br />the Lease from time to time. For example, the City shall pay to Lessor concurrently herewith all <br />sums due upon signing of the Lease. The City acknowledges that Lessor has demanded that <br />Contractor execute a Judgment by Confession, a Defendant's Statement Confessing Judgment, <br />and an Attorney's Certificate in Support of Defendant's' Verified Statement in Support of <br />Judgment by Confession (collectively "CJ Documents") with respect to possession of the <br />Premises upon the Expiration Date. So long as Contractor and all its personnel have vacated the <br />Premises by the Expiration Date (which expressly shall NOT include vacating of the Premises by <br />the City's homeless guests), the City shall indemnify, defend and hold Contractor harmless from <br />any liability arising under the holdover provisions of the Lease (including without limitation any <br />such liability arising on account of the entry of any judgment against Contractor pursuant to such <br />CJ Documents), <br />5. Counterparts. This First Amendment may be executed in counterparts, which <br />when taken together shall constitute a single instrument. The parties hereby acknowledge and <br />agree that facsimile signatures or signatures transmitted by electronic mail in so-called "pdf' <br />format may be used in place of original signatures on this First Amendment, <br />5JD130975.00041733022.2 3/23/2021 - 2 - <br />