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4. Compliance: The obligations of compliance in the HUD No. 21:5 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 the PUD 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 with the terms %J the PUD No. 26 Agreement. These two <br />documents shall control to the extent that there is any difference or ambiguity between them and other <br />agreements between the City and 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 />L:k . irr..'x ffe�xd <br />Its Mayor <br />City Clerk <br />Page 2 of 3 <br />