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~~° <br />.~ <br />"Overflow Parking for the Doubletree Club Hotel", but subject to the terms and provisions set <br />forth in this Amendment, The design and specification of such sign shall be similar to other <br />parking signs within the development, and shall be subject to GP2's prior approval, which shat! <br />not be unreasonably withheld. <br />4. Grant of Tem rare Parking Spaces, Commencing as of the date hereof, GP2 <br />grants Doubletree at no cost or expense to Daubletree the temporary use of panting spaces, <br />subject to the terms and conditions of the Temporary Parking Easement Agreement {the "DF <br />Parking Agreement"), dated August 2b, 2005, between GP2 as Grantor and DF #k, LLC, a <br />Delaware limited liability company ("DF"), the terms of which are incorporated herein by this <br />reference. On or about concurrently herewith, GP2 and DF have entered into that certain First <br />Amendment to Temporary Parking Easement Agreement (the "I)F' Parking Agreement <br />Amendment") amending the terms of the DF Parking Agreement. Pursuant to the DF Parking <br />Agreement, GP2 has granted to DF seventy-five (75) non-exclusive parking spaces on the GP2 <br />Property (the "DF Spaces"). GP2 hereby grants to Daubletree non-exclusive easements (the <br />"Temporary Easements") in, to and over GP2's property (the "GP2 i'roperty"} as described in <br />zhe DF Parking Agreement, including the right of pedestrian and vehicular ingress and egress <br />over the driveways and wakkways of the GP2 Property for the purpose of providing, subject to <br />availability, twenty-five {25) non-exclusive parking spaces {the "Temporary Parking Spaces"} <br />from the DF Spaces, for the vehicles of the Parking Users onl between the hours of 10:00 p.m. <br />through 8:00 a.m., seven {7} days a weeks. The Temporary Easements and Temporary Parking <br />Spaces shall commence on the date of this Agreement and shall terminate on (i}the date on <br />which Doubletree's rights to the "permanent" parking spaces on the Cinema Parcel become <br />effective pursuant to the terms of Paragraph 3 above, or (ii) March 7, 2007, whichever first <br />occurs. <br />5. Rules. Doubletree agrees to comply with and to cause all Parking Users to <br />comply with all reasonable, nondiscriminatory rules and regulations with respect to the use and <br />operation of the parking lots an the GP2 Property, and the DF Parking Agreement. <br />6. Default; Remedies. In the event of any material breach of this Amendment, the <br />non-defaulting party may exercise any right, power or remedy available to it under this <br />Amendment or otherwise by law, either by suit in equity or by action at law, or both, ten (10) <br />days after written notice to the other party of such breach; provided, however, that if such breach <br />is capable of being cured and if the nature of such breach is such that more than ten (10) days are <br />required to ewe such breach, such party shall not be deemed in default if it shall commence such <br />cure within ten (k0) days and thereafter diligently pursues the same to completion and, provided, <br />further, than in no event shall this Amendment or any of the easements be revocable or <br />terminable due to a breach of this Amendment. <br />Miscellaneous. <br />{a) Confkict. In the event of a conflict or discrepancy between: the Agreement <br />and this Amendment, the provisions of this Amendment shall control. <br />{b} Successors Inte tion Restatement. <br />(i) This Amendment shall inure to the benefit of and be binding upon <br />the parties and their respective successors and assigns. <br />»pd9~ GNC1C <br />Nfi003-039/5-16-86/myptmyp <br />75B-240 <br />