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Activities and with a comprehensive Storm Water Pollution Prevention Plan; (x) <br />the assumption of "Operational Control" by the City and /or the CMR over the <br />Initial Takedown Parcels until the completion of the Project Improvements; (y) <br />the transfer of Operational Control to Casto upon the completion of the Project <br />Improvements; and (z) the City and /or the CMR obtaining the appropriate Letter <br />of Termination with NPDES. This Section 2.4(ixl shall survive the Closing or the <br />earlier termination of this Agreement. <br />4. The Parties agree that the legal description for the City Center Property attached <br />as Exhibit "A" to the Acquisition Agreement is hereby replaced with the legal description which <br />is attached hereto and incorporated herein as Exhibit "A ", and the Parties hereby release any <br />other property that was originally identified as City Center Property encumbered by the <br />Acquisition Agreement. <br />5. Except as modified by this Second Amendment, the terms and conditions of the <br />Agreement are ratified and confirmed by the Parties. In the event of a conflict between the terms <br />of this Second Amendment and the terms of the Agreement, the terms of this Second <br />Amendment shall govern. All defined terms used in this Second Amendment shall have the <br />meaning assigned to them in the Agreement, unless otherwise expressly stated herein. <br />6. Time is of the Essence. Time is hereby declared of the essence as to the lawful <br />performance of all duties and obligations set forth in this Second Amendment. <br />IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be <br />executed by their duly authorized representatives as of the day and year first written above. <br />[signatures to follow) <br />3 <br />