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4. Compliance: The obligations of compliance in the PUD No. 2B Agreement are <br /> extended to include this Amendment No. 1. <br /> 5. Binding Effect: The binding effect of the PUD No. 2B Agreement is extended to <br /> include this Amendment No. 1. <br /> 6. Notices: The notice provisions of the PUD No. 2B Agreement are extended to include <br /> this Amendment No. 1. The notice to Developer is hereby amended to reflect current ownership: <br /> Notice to Developer <br /> Ron Patterson, Senior Vice President <br /> Volunteers of America National Services <br /> 7530 Market Place Drive <br /> Eden Prairie, MN 55344-3636 <br /> 7. Incorporation by Reference: The plans, specifications and contracts for the <br /> improvements in the PUD No. 2B Agreement and for this Amendment No. 1 are made part of this <br /> Amendment No. 1. <br /> 8. Disclaimer by City: The Disclaimer in thePUD No. 2B Agreement is extended to this <br /> Amendment No. 1. <br /> 9. Hold Harmless and Indemnification: The Hold Harmless and Indemnification of the <br /> PUD No. 2B Agreement is extended to this Amendment No. 1. <br /> 10. Remedy for Default: The Remedy for.default in the PUD No. 2B Agreement is <br /> extended to this Amendment No. "1. <br /> 11. Controlling Agreement:.The terms of this Amendment No. 1 will first control its <br /> reading, and it"shall.be,"read together withthe"terms of the PUD No. 2B Agreement. These two <br /> documents shall control to the extent thattlere is:any difference or ambiguity between them and other <br /> agreements between-the City d"the Developer. <br /> IN WITNESS WHEREOF,the:City and Developer have caused this Amendment No. 1 to be <br /> duly executed and to become effective on the day and year first above written. <br /> CITY OF ORONO <br /> BY: <br /> Its Mayor <br /> BY: <br /> Its City Clerk <br /> Page 2 of 3 <br />