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the Easement Premises, shall be and is hereby amended and replaced by Exhibit "B" attached <br /> hereto. All references to Exhibit"B" in the Grant of Easement shall mean and refer to Exhibit"B" <br /> attached hereto. <br /> 3. REAFFIRMATION. Grantor and the City hereby agree that the Grant of Easement, <br /> as amended hereby, is and shall be valid, binding upon and fully enforceable in accordance with its <br /> terms and all the terms, conditions, provisions, agreements, requirements, promises, obligations, <br /> duties, covenants and representations in the Grant of Easement, as amended hereby, are hereby <br /> ratified and reaffirmed in all respects. <br /> 4. CAPITALIZED TERMS. Any capitalized term used herein but not otherwise defined <br /> herein shall have the meaning assigned to such term in the Grant of Easement. <br /> 5. COUNTERPARTS; FAX AND PDF SIGNATURES. This Amendment may be <br /> executed in counterparts, each of which shall be deemed an original and all of which together shall <br /> constitute one and the same instrument. Signature pages of this Amendment transmitted to any party <br /> via facsimile or Portable Document Format (PDF) shall be deemed to be originals for all purposes <br /> hereunder. <br /> 6. EFFECT OF AMENDMENT. Except as expressly amended in this Amendment,the <br /> terms and provisions of the Grant of Easement shall remain in full force and effect. In the event of <br /> any conflict between the terms of the Grant of Easement and the terms of this Amendment,the terms <br /> of this Amendment shall control. <br /> [Signature pages follow] <br /> 3183390.v1 2 <br />