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Agreement 201309979 Now, therefore, in consideration of the foregoing Recitals which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: full. 1. Recitals. Except as set forth herein, the recitals are incorporated herein as if set forth in 2. Capitalized Terms. All capitalized terms shall have the meanings respectively given to them in the Original Declaration. 3. Approval of Plans; PepperJax Building Envelope. Pursuant to Sections 2.3(a), 2.3(e), 4.3(d)(iii) and 5.4 of the 1999 Declaration, Allen and GIV hereby approve the PepperJax Building Design .Drawings, the location and height of the proposed PepperJax Grill building and monument sign, and the location of the trash enclosure and the location, parking and drive -thru lanes and design for the PepperJax Parcel, all as described and depicted on Exhibit "A" attached hereto. Pursuant to Section 2.1(b) of the 1999 Declaration, Allen and GIV hereby approve the Common Area improvements located within the Building Envelope for the PepperJax Grill restaurant to be located on the PepperJax Parcel as depicted on Exhibit "A ". 4. Counterparts. This Approval may be executed in two (2) or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement. [THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK — SIGNATURES APPEAR ON THE FOLLOWING PAGE] 7