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prior written or oral undexstandings or agreements between City or JQH with respect to the <br />subject matter addressed in the Development Agreement or the Related Agreements. In the <br />event of a conflict between this Amendment, the Development Agreement and Related <br />Agreements, the terms and conditions of this Amendment shall control. <br />2.3 Guarantor Consent. Guarantor hereby executes this Amendment for purposes of <br />affirming its Trust Guaranty Agreement dated effective March 6, 2006 and hereby acknowledges <br />and agrees that (i) this Amendment does not modify, amend or otherwise change its duties and <br />obligations thereiulder; and (ii} said Guaranty Agreement continues in accordance with its terms <br />with respect to the Development Agreement, as amended andlor reinstated in this Amendment. <br />IN WITNESS WHEREOF, City, JQH and Guarantor have executed this Amendment as <br />of the day and year first above written. <br />JQH: <br />JQH -SAN 1VIARCOS DEVELOPMENT, LLC., a <br />Missouri limited liability company <br />By: John Q. Hammons Hotels Development, LLC, <br />Its Sole Member <br />m resident <br />GUARANTOR: <br />John Q. Ilammons, Trustee of the Re cable Trust <br />of John Q. Hammons, dated December , 1989, as <br />Amended and Restated, a Missouri Trust <br />Q. Harnmons, Trustee <br />CITY: <br />CITY OF SAN MARCOS, TEXAS, a Texas <br />municipal corporation <br />B ~~ <br />Y <br />Dan O'Leary, City M ager <br />2132600.1 <br />