UDR does not want to include the language that was added regarding the direct supervision by the Project Construction Engineer; see below.

________________________________

From: Hoffman, Leonard [mailto:lhoffman@jw.com] 
Sent: Friday, February 26, 2010 11:41 AM
To: Hill, John
Cc: Tom Lamberth
Subject: 1st Amend to MFA ...your earlier email


John:
 
I have not yet spoken with Tom Lamberth.   Accordingly, UDR might have other comments.
 
Thanks for the revised draft of the First Amendment.
 
With one exception, the revised document should meet with UDR's approval.   Unfortunately, we do not agree to the new proposed change to Section 2.C. adding the sentence:
 

Further, the Project Construction Engineer shall directly supervise the engineering construction of the said Phase IB of the Phase I Infrastructure, Phase IC of the Phase I Infrastructure,
and Phase ID of the Phase I Infrastructure.

 
This text expands UDR's responsibility and liability beyond the scope of our agreement.   

Leonard Hoffman 
Jackson Walker LLP 
901 Main St., Suite 6000 
Dallas, TX  75202 
214.953.5823  direct 
214.356.6117  mobile 
lhoffman@jw.com