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
