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201302675 <br /> C. The parties desire to approve and consent to certain matters with respect to the <br /> construction of the Panda Express restaurant building as required by the Declaration. <br /> Agreement <br /> Now, therefore, in consideration of the foregoing Recitals which are incorporated herein by this <br /> reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged, the parties hereby agree as follows: <br /> 1. Recitals. Except as set forth herein, the recitals are incorporated herein as if set forth in <br /> full. <br /> 2. Capitalized Terms. All capitalized terms shall have the meanings respectively given to <br /> them in the Original Declaration. <br /> 3. Approval of Plans: Panda Express Building Envelope. Pursuant to Sections 2.3(a), <br /> 2.3(e), 4.3(d)(iii) and 5.4 of the 1999 Declaration, Allen and GIV hereby approve the Panda Express <br /> Building Design Drawings, the location and height of the proposed Panda Express building and <br /> monument sign, and the location of the trash enclosure and drive-thru for the CFT Parcel, all as described <br /> and depicted on Exhibit "B" attached hereto. Pursuant to Section 2.1(b) of the 1999 Declaration, Allen <br /> and GIV hereby approve the Common Area improvements located within the Building Envelope for the <br /> Panda Express restaurant located on the CFT Parcel as depicted on Exhibit"B". <br /> 4. Counterparts. This Approval may be executed in two (2) or more counterparts, each of <br /> which shall be deemed an original, and all of which together shall constitute one and the same agreement. <br /> [THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK— <br /> SIGNATURES APPEAR ON THE FOLLOWING PAGE] <br /> 2 <br />