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the attached Exhibit B(the"Lease"). The Lease shall provide that Grantor has the right to complete <br /> the Project and lease the Facility to Company. <br /> 3. Grantee's Obligations. Grantee acknowledges and agrees that(i)after completion of <br /> the Transfer and construction of the Project,Grantee shall lease the Property to Grantor,as set forth <br /> in Section 2 above; and (ii) Grantee shall be be jointly and severally liable along with Grantor for <br /> Grantor's obligations under the Abatement Agreements. <br /> 4. Grantor's Continued Obligations. Grantor acknowledges and agrees that(i)after <br /> the execution of the Lease, Grantor shall construct and develop the Project, including the <br /> construction of the Facility, (ii)upon completion of the Facility, Grantor shall lease the Facility to <br /> Company; and (iii) Grantor is and shall remain jointly and severally liable with Grantee under the <br /> terms and conditions of the Abatement Agreements,including the obligation to complete the Project. <br /> 5. Company's Continued Obligations. Company acknowledges and agrees that (i) <br /> Company will lease the Facility and (ii) Company is and shall remain liable under the terms and <br /> conditions of the Abatement Agreements, including Company's commitment to fulfill the Project <br /> Goals (as defined in the Abatement Agreements). <br /> 6. Conditions Precedent. The Transfer of the Property from Grantor to Grantee is <br /> subject to the following conditions precedent: <br /> (a) The City consenting to the Transfer; <br /> (b) The County consenting to the Transfer; and <br /> (c) The City and County acknowledging that the Transfer and Lease do not result in or <br /> create an event of default under the Abatement Agreements. <br /> 7. Miscellaneous. <br /> (a) Entire Agreement. This Agreement constitutes the entire agreement between the <br /> Parties concerning the subj ect matter hereof. There are no other outstanding agreements,provisions <br /> or schedules on this subject matter. This Agreement may be amended only by an instrument in <br /> writing and executed by both of the Parties to this Agreement. <br /> (b) Additional Documents and Acts. Each Party agrees to execute and deliver such <br /> additional documents and instruments and to perform such additional acts as may be necessary or <br /> appropriate to effectuate and perform the terms and conditions of this Agreement and the transactions <br /> contemplated hereby. <br /> (c) Multiple Counterparts. This Agreement may be executed in several counterparts,each <br /> of which shall be deemed an original and all of which shall constitute one and the same instrument. <br /> 2 <br />