Site Plan Amendment

SITE PLAN AMENDMENT

This Site Plan Amendment (the "Amendment") is made as of by and between:

Primary Party: ; Address:

Secondary Party/Applicant: ; Address:

RECITALS

WHEREAS, Owner and Applicant are parties to an approved Site Plan for the project known as located at (the "Project"), originally approved by the approving authority on under approval number .

WHEREAS, Applicant has requested amendment(s) to the approved Site Plan to address modifications to the design, layout, or conditions of approval as described below; and

WHEREAS, the parties desire to memorialize the approved amendment to the Site Plan and to set forth the terms, obligations and conditions under which the amended plan shall be implemented.

AMENDMENT

The parties hereby amend the original approved Site Plan as set forth in this Amendment. Except as expressly modified by this Amendment, all terms, conditions and requirements of the original approval remain in full force and effect.

SCOPE OF AMENDMENT

Amendment classification: Minor amendment (no material change to use, density, or circulation) Major amendment (material changes requiring additional review)

PAYMENT TERMS

Any payment not received within days of the invoice due date shall accrue a late fee of per month on the outstanding balance, together with the cost of collection, including reasonable attorney's fees.

TERM AND TERMINATION

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Amendment for material breach of its terms upon written notice to the other party if such breach is not cured within days after receipt of written notice specifying the breach. Termination shall not relieve any party of obligations incurred prior to the effective date of termination, including payment obligations.

CONFIDENTIALITY

The parties acknowledge that certain information exchanged in connection with the Amendment may be confidential and proprietary. Each party agrees to hold confidential any non-public technical, business or financial information disclosed by the other party and to use such information solely for the purpose of performing obligations under this Amendment. Confidential information shall not include information that (i) is or becomes publicly available through no breach of this Agreement, (ii) is lawfully received from a third party without breach of any obligation of confidentiality, or (iii) is independently developed without use of the other party's confidential information. A party may disclose confidential information as required by law or governmental process only after providing the disclosing party with prompt written notice and, where feasible, an opportunity to seek protective relief.

NOTICES

Notices shall be in writing and shall be deemed given upon personal delivery, five days after deposit in the United States mail, certified and postage prepaid, or one day after deposit with an overnight courier, addressed to the notice addresses provided above or such other address as a party may designate by written notice.

GOVERNING LAW

This Amendment shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles. Any legal action relating to this Amendment shall be brought in the state or federal courts located in that state.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full power and authority to enter into this Amendment, that the execution and performance of this Amendment has been duly authorized by all necessary corporate, partnership or other organizational actions, and that this Amendment constitutes a valid and binding obligation enforceable in accordance with its terms.

ENTIRE AGREEMENT

This Amendment, together with the original approved Site Plan and any exhibits referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment to this Amendment shall be effective unless in writing and signed by both parties.

ATTACHMENTS / EXHIBITS

MISCELLANEOUS PROVISIONS

Severability: If any provision of this Amendment is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Waiver: No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.

Interpretation: Headings are for convenience only and shall not affect interpretation. The words "including" and "include" shall be construed as though followed by "without limitation" unless the context requires otherwise.

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