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2) SECTION 5: PERIOD OF PERFORMANCE <br /> 1.01 Section 5 of the MOU is hereby AMENDED to read as follows: <br /> "DJC will have ninety (90) days from the approval of both the initial ground lease and <br /> associated permits or from the expiration of the Feasibility Period or any extension <br /> thereafter, whichever is later to begin construction of the build-to-suit hangars (the "Start <br /> Period")." <br /> 2) All other terms and conditions of the MOU shall continue in full force and effect except as <br /> otherwise modified by this Amendment. <br /> 3) Effective Date. The Effective Date of this Amendment is the date of execution by the last <br /> party that executes the assignment indicated below. <br /> Executed and agreed to this day of , 2023. <br /> City of San Marcos,Texas: <br /> By: <br /> Name: <br /> Title: <br /> Don Jackson Construction Inc.: <br /> By: <br /> Name: <br /> Title: <br /> 2 <br />