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AMENDMENT 1 <br />This Amendment 1 is made by and between Mayfield Village, a municipal corporation which is a <br />political subdivision of the State of Ohio ("Village"), with offices at 6621 Wilson Milis Road, Mayfield Village, <br />Ohio 44143, and Progressive Casuaity Insurance Company ("Progressive"), with offices at 6300 Wilson Mills <br />Road, Mayfield Village, Ohio 44143, with reference to a Development Agreement between the parties, <br />efFective August 8, 1998 (the "Agreement"). The. parties hereby agree to amend the Agreement as follows: <br />1. In the event of any conflict between the provisions of this Amendment 1 and those of the Agreement, the <br />provisions of this Amendment 1 shall control. 2. Words or terms that are capitalized but not otherwise defined in this Amendment 1 shall have the meaning <br />ascribed to them in the Agreement. <br />3. The following new sentence is hereby inserted after the third sentence, and before the fourth sentence, of <br />Section 2 of the Agreement: Progressive also tetains the right to restrict all or any part of a Village resident's access to, or usage <br />of, the fitness center for any of the following reasons: the resident is a former employee, or former <br />independent contractor, of Progressive or any of its corporate affiliates within The Progressive Group <br />of Insurance Companies; the resident fails to pay the membership fee; the resident violates any <br />fitness center rule, safety guideline, or policy; or Progressive otherwise determines, in its sole <br />reasonable discretion, that the resident presents a risk to Progressive or to property or persons in or <br />around the fitness center. <br />In Witness Whereof, the parties have caused this Amendment 1 to be signed by their duly authorized <br />representatives as of l 0 O(? ( D <br />Progressive Casualty Insurance Company <br />gy. '--?101? Q ???w?•?,,-?./ <br />Name: U6LVli,A.5hi2t.IlOVti/ <br />Mayfi Id Village <br />- r <br />By: <br />Name: 6-1 <br />Title: Sf CLCtZ(,c,?.i Title: <br />By: <br />Name: <br />Tn7illiam <br />Title: Council President <br />I:\LEGAL\CAH\L,100407\Development Ag-eement 2010 Amendment v.2.doc <br />Title:-Director of Law