315-10 Agreement

2GENBUS/760377.2 4. GENBUS/776005.2 5. or discrepancies between the Agreement and this Amendment, this Amendment controls in all respects. 6. Seller's Environmental Plan. (a) On September 14, 2010, Seller delivered to Purchaser a certain letter dated September 14, 2010, from Birdsall Services Group (“Birdsall”) representing the Seller’s Environmental Plan. Seller has proposed to comply and complete each and every aspect of the work plan set forth in the Seller’s Environmental Plan at Seller's sole cost and expense. (b) Notwithstanding the provisions of the First Amendment and the Second Amendment, the parties hereby agree that Purchaser is not accepting or rejecting the Seller’s Environmental Plan. The parties further agree that Purchaser shall not be required to close until (i) the DEP Green Acres Program approves the Seller’s Environmental Plan, and (ii) the DEP authorizes the disbursement of funds to purchase the Property. To the extent these conditions are not met by December 31, 2010, TIME BEING OF THE ESSENCE, either party shall have the right, in its sole discretion, to terminate the Agreement and this Amendment by written notice to the other party and neither party will have any further liability to other party (except any matters that expressly survive the termination of the Agreement by its terms). (c) Notwithstanding anything to the contrary set forth in the Agreement, Seller’s sole obligations shall be to cause the completion of the work set forth in the Seller’s Environmental Plan at Seller’s sole cost and expense and to cause Birdsall to deliver its resulting report to Seller, Purchaser, and the New Jersey Department of Environmental Protection (the “ DEP”), and to pursue the DEP’s approval of the same. Purchaser shall forward Birdsall’s report and materials to the DEP Green Acres Program and shall pursue obtaining the DEP Green Acres Program approval of the same, the purchase of the Property, and the use of DEP Green Acres Program funds for such purchase. 7. Closing Date. The Closing Date is hereby further extended to the date that is twenty (20) days after the DEP Green Acres Program has issued its approval of the completion of the work under the Seller’s Environmental Plan and that funds to purchase the Property are available for disbursement. Purchaser shall notify Seller in writing promptly upon receiving any notices or information

nder the Seller’s Environmental Plan and that funds to purchase the Property are available for disbursement. Purchaser shall notify Seller in writing promptly upon receiving any notices or information indicating the approval or disapproval of any such items from the DEP Green Acres Program. 8. Bind and Inure. This Amendment shall be binding upon and inure to the benefit of Seller, Purchaser and their respective heirs, successors and assigns. This Agreement is subject to the Purchaser adopting a resolution by its Township Council approving and authorizing same. 9. Capitalized Terms. All capitalized terms used herein but not defined herein shall have the meanings ascribed to such terms in the Agreement. 10. Ratification. Except as hereby amended, the Agreement is hereby ratified and shall continue in full force and effect in accordance with its terms. In the event of any conflict or inconsistency between the terms and provisions of this Amendment and the Agreement, this