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Project (the "Compliance Period") as determined under Section 42(1)(1) of the Internal <br />Revenue Code of 1986, as amended, and shall expire on the date that is two (2) years thereafter. <br />The term of the Refusal Right shall commence on the first day following the expiration <br />of the final year of the Compliance Period and shall terminate on the earlier of (a) the date that is <br />two (2) years thereafter, or (b) ninety (90) days after notice of a bona fide offer pursuant to <br />Section 3.2 of the Agreement. <br />This Memorandum incorporates all of the terms and provisions of the Agreement as <br />though fully set forth herein. In the event of any inconsistency between the Agreement and this <br />Memorandum, the Agreement shall control. <br />This Memorandum is solely for recording purposes and shall not be construed to alter, <br />modify, amend or supplement the Agreement, of which this is a memorandum. This <br />Memorandum maybe executed in counterparts. <br />935181-I 2 <br />