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financing structure outlined and detailed in this Contract and in the Lease, <br />in the form attached as Exhibit E to the Contract, is acceptable and no <br />revisions to the Lease are required." <br />5. Exhibit A. Exhibit A to the Contract is hereby deleted in its entirety and replaced with <br />Exhibit A attached hereto. <br />6. Recitals; Defined Terms. The recitals set forth above are incorporated herein as if fully <br />set forth herein. Capitalized terms not defined in this Amendment have the meanings <br />ascribed thereto in the Contract. <br />7. Conflict. In the event of any conflict between the provisions of this Amendment and the <br />Contract, the provisions of this Amendment shall control. <br />8. Counterparts. This Amendment may be executed in two or more counterparts, each of <br />which will be deemed an original, which together will constitute one and the same <br />agreement. This Amendment may be executed by facsimile or electronic email signature. <br />9. Ratification. Except as amended hereby, the Contract remains in full force and effect and <br />is ratified and affirmed by each of Seller and Buyer. <br />[SIGNATURE PAGE FOLLOWS] <br />Page 3 <br />151 Amendment/City of San Marcos/Pursuant <br />