***************************************************************************** IMPORTANT/CONFIDENTIAL: This message contains information from the law firm of Cowles & Thompson, P.C. which may be privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee, or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately at our telephone number (214) 672-2000 ****************************************************************************** Attached please find for review a red-lined and clean copy of each of the First Amendment and the construction management agreement. Regarding Exhibit A to the construction management agreement and the use of the term “design professional,” the term has been deleted in some instances, and where not deleted it has been highlighted in yellow (except for the definition of the term in 1.1.2) to hopefully make it easier to find. I would appreciate particularly Clay’s review of that term to see where it is appropriate to remove the term or to leave it in. In that Exhibit, in some instances the term “City Inspector” has been added in as well. The First Amendment has been dated February 10, 2010, the date after the City Council approved it. The construction management agreement has not been dated, as it references in recital 6 the date of the construction contract, and so the date of the construction management agreement will need to be the same or a later date. Please note that there remain some blanks in each of the documents that need to be filled in. After your review, please let me know if you have any questions or comments. Thanks. John