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<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/or reinstated in this Amendment. <br /> <br />4 <br /> <br />965618.1 <br />