Exhibit 99.1
FIRST AMENDMENT
TO TRANSITION PROPERTY DUE
DILIGENCE SERVICES AGREEMENT
THIS FIRST AMENDMENT TO
TRANSITION PROPERTY DUE DILIGENCE SERVICES AGREEMENT
(this “Amendment”) is made and entered into as of the
24 th day of February, 2005, by and between
INLAND REAL ESTATE ACQUISITIONS,
INC. , an Illinois corporation (“Service
Provider”), and INLAND
RETAIL REAL ESTATE TRUST, INC. , a Maryland corporation
(“Client”).
RECITALS :
A.
Service Provider and Client previously entered into that certain
Transition Property Due Diligence Services Agreement, dated as of
December 29, 2004 (the “Agreement”).
B.
Service Provider and Client desire to amend the Agreement as more
particularly set forth herein.
NOW, THEREFORE ,
for and in consideration of the mutual covenants and promises
herein contained, and other good and valuable consideration,
Service Provider and Client hereby amend the Agreement and agree as
follows:
1.
Incorporation of Recitals;
Defined Terms . The foregoing Recitals are, by
this reference, incorporated into the text of this Amendment as if
fully set forth herein. Initially capitalized terms used but
not defined in this Amendment, but defined in the Agreement, shall
have the meanings given to them in the Agreement.
2.
Performance of Services with
respect to Subject Properties . Section
2 of the Agreement is hereby amended and restated in its entirety
as follows:
“2.
Performance of Services with respect to Subject
Properties . Upon request of the Client, Service Provider
agrees to provide Client with the Services in connection with
evaluating and acquiring any Subject Property (as defined in the
Property Acquisition Agreement) and any other property the Client
desires to acquire (Subject Properties and any other property with
respect to which Client requests Service Provider to provide
Services shall hereinafter collectively be referred to as a
“Property” or “Properties”).
Notwithstanding the foregoing or anything else contained in this
Agreement, Service Provider shall not be required to provide the
Services hereunder with respect to any Subject Property
if:
(a)
