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Mro Richard Jopke July 21, 1993 Page 2 plan shall be amended to permit a driveway directly from the Jiffy Lube parcel to Lincoln Drive according to such design criteria and construction specifications as may be reasonably required by the Cityo I also expressed some concern to you on the telephone about the fact that ADE Leasing and Conoco will both be listed as the "developer" in this Agreement, but both parties do not want to be penalized if they are in compliance with the Agreement but the other party is noto Accordingly, I recommend the addition of a new Paragraph 9.F., to read as follows: ADE Leasing and Conoco are both listed as the "Developer" for purposes of this Agreement; however, all parties hereto understand and agree that ADE Leasing shall only be responsible for those obligations of the Developer that relate to the Jiffy Lube parcel described in Paragraph 1 hereof, and that Conoco shall only be responsible for the obligations of the Developer relating to the Conoco parcel which lies directly west of the Jiffy Lube parcel 0 Notwithstanding any provisions in this Agreement to the contrary, any failure by ADE Leasing or by Conoco to satisfy their share of the obligations of the "Developer" hereunder shall not cause the other owner to be in violation of this Agreement or to be subject to the penalties or remedies provided in this Agreemento If these provisions are acceptable, I would appreciate it if you would incorporate them in the Agreement and forward it to meo We are planning to close this transaction at the end of July, and would plan to have this Agreement signed at that time 0 If you have any questions or comments, please give me a call 0 GDS:mkp:4550u cc: J. Anderson (w/o enclo) Do Greening (w/o enclo)