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<br />FIRST EXTENSION TO AGREEMENT TO EXTEND STATUTES OF LIMITATIONS <br />AND REPOSE <br />This First Extension to the Agreement to Extend Statute of Limitations and Repose(the <br />“First Extended Agreement”) is entered into by and among the City of Elk River (the “City”), <br />Bolton & Menk, Inc. (“BMI”), and Rice Lake Construction Group (“RLCG”) (collectively, the <br />“Parties”). <br />WHEREAS, the Parties previously entered into an Agreement to Extend Statute of <br />Limitations and Repose (the “Agreement”) which is attached hereto as Exhibit A and <br />incorporated by reference. <br />WHEREAS, the Tolling Date of the Agreement is June 27, 2021, after which time the <br />Agreement will terminate. <br />WHEREAS, the Parties wish to supplement the Agreement and extend the Tolling Date <br />expressed thereinfor an additional 120days. <br />NOW, THEREFORE: <br />1.The Parties intend for this First Extended Agreement to supplement the <br />Agreement and, further, hereby incorporate by reference into this First Extended Agreement the <br />definitions, terms, conditions, and covenants expressed in the Agreement. <br />2.For good and valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the Partieshereby stipulate and agree that any and all statutes of <br />limitation or repose relating to the Disputeare hereby extended from the Tolling Date of the <br />Agreement, calculated to be June 27, 2021,up toand including the 120thday after theTolling <br />Date(the “First Extended Tolling Date”).The 120day period from the date of the Tolling Date <br />through the First Extended Tolling Datemay not be relied upon to supportany defense based on <br /> <br />