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the well locations must be relocated to a new location not fairly represented on Exhibit A, <br /> Grantee must first secure Grantor's consent, which consent shall not be unreasonably withheld or <br /> conditioned. <br /> 4. Remaining Terms and Conditions. All terms and conditions of the Access <br /> Agreement not expressly and specifically amended hereby shall remain in full force and effect as <br /> if this Amendment had not occurred. In the event of a conflict between this Amendment and the <br /> Purchase Agreement, the terms and conditions of this Amendment shall govern. All defined <br /> terms in the Access Agreement shall have the same meaning in this Amendment. <br /> 5. Counterparts. This Amendment may be executed in one or more counterparts <br /> each of which shall be deemed an original, but all of which together shall constitute one and the <br /> same instrument. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the <br /> date first above written. <br /> Grantor: City of New Brighton <br /> By: <br /> Printed Name: Dave Jacobsen <br /> Its: Mayor <br /> By: <br /> Printed Name: Dean Lotter <br /> Its: City Manager <br /> Grantee: Ashland c. <br /> By: <br /> ‘/ ' Print d ame: 4 ! -vJ 1 E M1VP- <br /> Its: <br /> 5357114_1.doc <br /> 2 <br />