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Freeport-2.4/SP,Re-CS010212 (3)Feb I4 O! 09:33a TNR Horth Rmerica In¢ (9?2)406-8828 po2 February ~, 2001 TNA North America, Inc. 1321 Valwood Parkway, Suite 440 Carrollton, TX 75006 Re: Agreement to Sell and Purchase dated January 22, 2001 (the "Agreement") between TNA North America, Inc. ("Purchaser") and T/E Freeport North Land 1~ Ltd. ("Seller"). Capitalized terms used herein have the meanings assigned to such terms in the Agreement. To Whom It May Concern: This letter will authorize the Purchaser to present to the applicable Governmental Authorities for preliminary review and comment the proposed site plans for Purchaser's proposed development of the Property attached as Exhibit A (the "Site Plan"), and the pwposed replat for the Property attached as Exhibit B (the "Replaf'). Purchaser may present the Site Plan and Repht for preliminary review and comment bythe Governmental Authorities, but neither the Site Plan nor the Replat, nor any action by Purchaser or any Governmental Authority in connection therewith or relating thereto, shall be binding upon or enforceable against the Seller or the Property in any way prior to Closing. Seller's conditional approval pwvided herein is expressly subject to the condition that Purchaser shall not make any representation, warranties or covenants on behalf of Seller or the Property that either the Site Plan or the Replat shall become binding on either Seller or the Property prior to Closing. Seller is providing this authorization solely as an accommodation to Parehaser in order to facilitate its proposed development of the Property, and any costs or expenses relating to the proposed approvals shall be done solely at the sole cost and expense of Purchaser. Sincerely, T/E Freeport North Land II, Ltd., a Texas limited parmership By: Emerson P, ar~ers, Inc., its general partner By: Name: Title: ~,~ ~ 023918 000005 D~llas 1248712.1