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EXHIBIT 1 <br /> 9. Parking, Section 2.3.2(c)(ii) 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 /> 2.3.2(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 ofLandlord, 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 2.3.2(c)(ii) for subsequent calendar months. No <br /> Project Parking Validations provided by Landlord to Tenant under this Section 2.3.2(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 Parking <br /> Validations" means Project Parking Validations permitting .Persons using such Project <br /> Parking Validations to park 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(t) 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 of 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 Fist <br /> Amendment shall control. From and after the Et#ective 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 /> t2. 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 consent, <br /> agreement, or approval is required with respect hereto. <br /> 3 <br /> 5910216,11 <br />