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2008,based on the number of months from the Increased Rent Commencement Date through the end Ill <br />of 2008,within thirty(30)days after the written acknowledgement. Landlord and Tenant agree that <br />the Agreement is hereby amended to delete the annual CPI increase in paragraph 2 of the Agreement. <br />Commencing January 1,2009,and each year thereafter,the revised annual rent shall be increased by <br />five percent (5%). <br />3. ASSIGNMENT. Paragraph 17 of the Agreement is hereby deleted in its entirety and <br />is replaced with the following: <br />This Agreement may be sold, assigned or transferred by the Tenant without any <br />approval or consent of the Landlord to the Tenant's principal, affiliates,subsidiaries <br />of its principal or to any entity which acquires all or substantially all of Tenant's <br />assets in the market defined by the Federal Communications Commission in which <br />the Property is located by reason of a merger, acquisition or other business <br />reorganization. As to other parties, this Agreement may not be sold, assigned or <br />transferred without the written consent of the Landlord,which such consent will not <br />be unreasonably withheld, delayed or conditioned. No change of stock ownership, <br />partnership interest or control of Tenant or transfer upon partnership or corporate <br />dissolution of Tenant shall constitute an assignment hereunder. <br />4. RATIFICATION OF THE AGREEMENT. Except as specifically modified by this <br />Amendment,the parties agree that all of the terms and conditions of the Agreement are in full force • <br />and effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and conditions <br />of the Agreement and agree to perform and comply with the same. In the event of a conflict between <br />any term or provision of the Agreement and this Amendment, the terms and provisions of this <br />Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially <br />capitalized terms will have the same respective defined meaning stated in the Agreement. All <br />captions are for reference purposes only and shall not be used in the construction or interpretation of <br />this Amendment. <br />This Amendment No. 2 to Site Lease Agreement shall be subject to the conditions of the <br />Conditional use Permit granted by the City on June 23,2008 and listed as Zoning File No. 08-3362. <br />The remainder of this page intentionally left blank <br />Signatures on following page <br />3 <br />MINC Navarre <br />Amendment No. 2 to Site Lease Agreement <br />140942v2