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condition communicated to the Owner by the CMAR and approved per the Agreement as a <br />change order; 2) that the condition is not part of the CMAR's general conditions, profit or <br />overhead; 3) that the condition is not a scope change directed by the Owner; and 4) that at the <br />completion of the Work, any amount of the $104,000 CMAR contingency not approved for <br />CMAR contingencies will revert to Owner and will not be included in the request of CMAR for <br />final payment. <br />4. Continued Force and Effect. The Parties confirm the Agreement as amended by <br />the First Amendment and acknowledge and agree that, as further amended by this Amendment, <br />the Agreement is binding and is and remains unchanged and in full force and effect. <br />5. Counterparts. This Amendment may be executed in any number of counterparts <br />and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding <br />that all Parties have not signed the same counterpart. Any, signature delivered by a party by <br />facsimile transmission or by sending a scanned copy of the executed Amendment by electronic <br />mail shall be deemed, and shall have the same force and effect as, an original signature hereto. <br />[Signature Page to Follow) <br />