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9. Parkina. Section 2.3,2(c)(1i) is hereby deleted in its entirety and replaced with the <br />following: <br />"Notwithstanding the foregoing, each calendar month during the Term, Landlord <br />shall provide to Tenant, without charge: (A) a number of Short Term Project Parking <br />Validations (defined below) equal to the product of thirty (30) and the number of days in <br />such calendar month (during the Term) and (B) a number of Long Term Project Parking <br />Validations (defined below) equal to the product of one hundred eighty (180) and the <br />number of days in such calendar month (during the Term), in each case to be used only by <br />Tenant's Business Customers for parking in the Parking Facilities without charge; provided <br />that (x) Landlord shall not, at any time during the Term, be required under this Section <br />23.2(c)(ii) to provide a number of Project Parking Validations in any calendar month in <br />excess of a number equal to the product of two hundred ten (210) and the number of days <br />in such calendar month (during the Term) and (y) any Project Parking Validations provided <br />by Landlord with respect to any particular calendar month that are not used during such <br />calendar month shall, at the election of Landlord, either: (1) become null and void (and be <br />returned to Landlord) or (2) be credited against Landlord's obligations to provide Project <br />Parking Validations under this Section 23.2(c)(ii) for subsequent caleadar months. No <br />Project Parking Validations provided by Landlord to Tenant wider this Section 23,2(c)(E) <br />shall be used to accommodate parking, without charge, by any particular Tenant's Business <br />Customer(s), for a period in excess of three (3) hours on any day without Landlord's prior <br />approval (and Tenant shall not provide any particular Tenant's Business Customer more <br />than one Project Parking Validation on any particular day). "Short Term Project Pal -king <br />Validations" means Project Parking Validations permitting Persons using such Project <br />Parking Validations to parks in the Parking Facilities for up to twenty (20) minutes without <br />charge. "Long Term Project Parking Validations" means Project Parking Validations <br />permitting Persons using such. Project Parking Validations to park in. the Parking Facilities <br />for up to one (1) hour without charge." <br />10. No Default. Each of Landlord and Tenant hereby affirm to each other that as of <br />the Effective Date no breach, default, event o'f default, or other act, error, or omission which, with <br />the giving of notice or passage of time or both would constitute a breach, default, or event of <br />default by such party has occurred and is continuing under the Lease beyond any applicable notice <br />or cure period. <br />11, Affirmation of .Lease Terms. Except as modified by this First Amendment, <br />Landlord and Tenant hereby ratify the Lease and agree that the Lease shall remain unchanged and <br />shall continue in full force and effect. in the event there is any conflict between the terms of the <br />Lease and the terms set forth in this First Amendment, the terms specifically set out in this First <br />Amendment shall control, From and after the Effective Date, any and all references to "the Lease" <br />or "this Lease" in the Lease shall mean the Lease as modified by this First Amendment. <br />12. Mutual Authorization Representation. Each of Landlord and Tenant hereby <br />represent and warrant to each other that; (a) this First Amendment (and each term and provision <br />hereof) has been duly and appropriately authorized and executed by such party through proper <br />written corporate or limited liability company action and approval; and (b) no additional cousent, <br />agreement, or approval is required with respect hereto. <br />5910216.11 <br />