***************************************************************************** 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 a red-lined draft of the construction management agreement with UDR for the Phase 1C construction. This draft attempts to incorporate some of the changes requested by UDR. Please review and let me know if you have any questions or comments. Among other things, in particular would appreciate Nancy and Clay’s review of Exhibit A which describes the responsibilities of the construction manager. Regarding “inspection” versus “observation,” this draft includes the word “observation,” but will be subject to change after a meeting that I understand will take place to discuss the role of the construction manager (construction supervisor) and the project construction engineer. Thanks. John