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`r+ Development and in conformance with the Plans by July 19, 2022. If the gas wells <br />currently in existence on the Property are maintained, no variances will be sought <br />or granted with respect to distance or any other requirements. <br />3. Traffic Study. Section 5(d) of the Original Development Agreement is hereby <br />deleted in its entirety and replaced with the following: <br />During the Administrative Approval Process, and no later than July 19, 2022, <br />Developer shall be responsible for having a traffic study completed, including any <br />and all costs associated with completing such traffic study, to determine the impact <br />the Development may have on the traffic on SOM Center Road (the "Traffic <br />Study'). Developer shall provide the Traffic Study promptly to the Village <br />Engineer for their review and analysis. <br />4. Affiliation. Section 5(g) of the Original Development Agreement is hereby <br />deleted in its entirety and replaced with the following: <br />The Surgery Center shall be operated as an out-patient surgery center in accordance <br />with all applicable zoning requirements. Developer shall use best efforts to affiliate <br />the Surgery Center with University Hospitals or its affiliate, subject to the approval <br />by the Village. <br />5. Effect of Second Amendment. Except as hereinabove provided, the terms and <br />conditions of the Original Development Agreement shall remain in full force and effect. In the <br />event of any conflict between the terms and conditions hereof and the terms and conditions of the <br />Original Development Agreement, the terms and conditions hereof shall control. This Second <br />Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective <br />successors and assigns. <br />6. Counterparts. This Second Amendment may be executed in any number of <br />counterparts, each counterpart constituting an original but altogether being one and the same <br />instrument and contract. <br />7. Successors and Assigns. The terms and provisions hereof shall be binding upon <br />and inure to the benefit of the parties hereto and their respective successors and assigns. <br />8. Severability. A determination that any provision of this Second Amendment is <br />unenforceable or invalid shall not affect the enforceability or validity of any other provision hereof <br />and any determination that the application of any provision of this Second Amendment to any <br />person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of <br />such provision as it may apply to any other persons or circumstances. <br />[Signature Page to Follow] <br />LM <br />