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<br />I <br /> <br />WHEREAS, Realty has assigned, or will assign as of this <br />date, certain of its rights, title, interest, duties and <br />obligations under the Agreement to Services, and Services <br />has agreed, or will agree as of this date, to assume such, <br />and the Corporation desires to give written consent and <br />approval to such assignment, thereby relieving Realty of <br />each duty, obligation and liability so assigned, including <br />liability for payment of Project Costs under paragraphs 3 <br />and 10 of the Agreement and indemnification under paragraph <br />9 of the Agreement; <br /> <br />NOW, THEREFORE, In consideration of the premises and <br />other good and valuable consideration and of the mutual <br />benefits, convenants and agreements herein expressed, the <br />Corporation and Realty agree as follow: <br /> <br />I <br /> <br />1. Exhibi t "A" and Exhibit "B" to the Agreement are <br />hereby amended to include, respectively, all of the facilities <br />more particularly described in Exhibit "A" as attached <br />hereto and all of the land more particularly described in <br />Exhibit "B" as attached hereto. As revised, such Exhibit <br />"A" and Exhibit "B" are incorporated herein by reference and <br />made a part hereof for all purposes. <br /> <br />2. The Parties hereto acknowledge that by separate <br />assignment, the form and substance of which have been reviewed <br />and approved by the Corporation, Realty has assigned certain <br />of its rights, title, interest, duties and obligations under <br />the Agreement, as hereby amended, to Services, and the <br />Corporation hereby consents to and approves of such assignment, <br />thereby relieving Realty of each duty, obligation and liability <br />so assigned, including liability for Project Costs under <br />paragraphs 3 and 10 of the Agreement and indemnification <br />under paragraph 9 of the Agreement. <br /> <br />~. <br /> <br />I <br /> <br />3. The Parties hereto acknowledge that by separate <br />action the Corporation will reconvey to Realty as of August 7, <br />1979, the property cc.nveyed 'CO the Corporation by aeal ty by <br />that certain general warranty deed dated August 7, 1979. <br /> <br />IN WITNESS WHEREOF, the City of San Marcos Industrial <br />Development Corporation, acting pursuant to a resolution of <br />its Board of Directors, and Stewart & Stevenson Realty <br /> <br />I <br /> <br />-2- <br />