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5. The Parties acknowledge that simultaneously with the execution and delivery of this <br />Third Amendment, Buyer is hereby exercising the Tenth Extension of the Entitlements <br />Contingency Date. <br />6. Section 5.2(b) Extensions and Deposits. The Parties acknowledge that as of the date <br />hereof, Buyer has exercised the First Extension, Second Extension, Third Extension, Fourth <br />Extension, Fifth Extension, Sixth Extension, Seventh Extension, Eighth Extension, and Ninth <br />Extension of the Entitlements Contingency Date. <br />7. Ratification of Remainnig Provisions of Agreement. <br />Except as expressly amended by this Third Amendment, the terms and provisions of the <br />Agreement, as amended by the First Amendment and the Second Amendment, are hereby <br />ratified, reinstated and confirmed, and shall continue in full force and effect. <br />8. Counterparts; Facsimile and Email Transmission. <br />This Third Amendment may be executed in one or more counterparts, including <br />counterparts transmitted and received by facsimile or email transmission, each of which shall be <br />deemed an original, and all of which taken together shall constitute one instrument. <br />IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the <br />date first written above. <br />Signatures Appear on Next Page <br />3