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In Paragraph #9 of the Lease, the second to last sentence thereof is hereby amended to <br />read as follows: "To the extent permitted by law, Lessee agrees to reimburse Lessor for <br />and defend Lessor against any such losses, damages, penalties, claims, injuries or <br />expenses; provided, however, that: this obligation shall not apply to losses, damages, <br />penalties, claims, injuries or expenses resulting or arising from the negligent act or <br />omission or other fault of Lessor." <br />All other terms and conditions of the Lease shall remain in full force in effect. <br />IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed <br />effective as of the day of , 2008. <br />CITY OF LOUISVILLE, <br />a Colorado Municipal Corporation <br />By: <br />Charles L. S k, Mayor <br />Attest: <br />Nancy V arra, City Clerk <br />NATIONAL CITY COMMERCIAL CAPITAL COMPANY, LLC <br />an Indiana limited liability company <br />By:_ <br />Title: <br />