Laserfiche WebLink
<br />1.3 To the extent that approval and execution of this Amendment is given or satisfied <br />after the date on which the Development Agreement would have terminated in accordance with <br />its terms, City, JQH and Guarantor hereby agree that the Development Agreement, as modified <br />by this Amendment, is hereby reinstated in its entirety. <br /> <br />II. General Provisions <br /> <br />2.1 Incorporation bv Reference; Defined Terms. All exhibits and other documents <br />which are referred to in this Amendment are hereby incorporated in this Amendment by <br />reference for all purposes. Each capitalized term used herein, and not otherwise defined, shall <br />have the meaning ascribed to such term in the Development Agreement. <br /> <br />2.2 Entire Agreement. This Amendment, together with the Development Agreement, <br />and the Related Documents, constitute the entire understanding and agreement between City and <br />JQH with respect to the matters contemplated in the Development Agreement and supersede all <br />prior written or oral understandings or agreements between City or JQH with respect to the <br />subject matter addressed in the Development Agreement or the Related Documents. In the event <br />of a conflict between this Amendment, the Development Agreement and Related Documents, the <br />terms and conditions of this Amendment shall control. <br /> <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 thereunder; and (ii) said Guaranty Agreement continues in accordance with its terms <br />with respect to the Development Agreement as amended and reinstated in this Amendment. <br /> <br />IN WITNESS WHEREOF, City, JQH and Guarantor have executed this Amendment as <br />of the day and year first above written. <br /> <br />JQH: <br /> <br />JQH - SAN MARCOS DEVELOPMENT, LLC., a <br />Missouri limited liability company <br /> <br />By: John Q. Hammons Hotels Development, LLC, <br />Its Sole Member <br /> <br /> <br /> <br />Q. Hammons, President <br /> <br />3 <br /> <br />946147.2 <br />