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NOW, THEREFORE, the Parties agree to amend the Agreement as follows: <br />1. Recital Letter "H" shall be removed in its entirety. <br />2. Paragraph 2 under the heading "COSTA MESA Rights and Duties" shall be removed in its <br />entirety, <br />3. Except as expressly amended or modified by the terms of this Amendment No. 1, all terms <br />of the Agreement shall remain in full force and effect, In the event of a conflict between the <br />terms of this Amendment No. 1 and the Agreement, the terms of this Amendment No. 1 <br />shall prevail and control. <br />4. The provisions of the Agreement, as amended, including the recitals, comprise all of the <br />terms, conditions, agreements, and representations of the parties with respect to the subject <br />matter hereof. <br />5. This Amendment No. 1 may be executed in one or more counterparts, each of which shall <br />constitute an original, but all of which taken together shall constitute one and the same <br />instrument. <br />6. Each party represents and warrants that the representative signing this Amendment No. 1 <br />on its behalf has all right and authority to bind and commit that party to the terms and <br />conditions of this Amendment No. 1. <br />IN WITNESS WHEREOF, COSTA MESA has caused this Amendment No. 1 to <br />be executed by its City Manager and attested by its Clerk, and SANTA ANA has caused this <br />Agreement to be executed by its City Manager and attested by its Cleric, all thereunto duly <br />authorized by the COSTA MESA City Council and the SANTA ANA City Council, <br />respectively. <br />CITY OF SANTA ANA, a <br />Municipal corporation of the <br />State of California <br />1= <br />CI'T'Y OF COSTA MESA, a <br />Municipal corporation of the <br />State of California <br />M <br />Gerardo Mouet Thomas Hatch M <br />Acting City City Manager <br />Manager <br />Page 2 of 7 <br />20A-20 <br />