ADDENDUM TO PURCHASE AND SALE AGREEMENT
WITH JOINT ESCROW INSTRUCTIONS
This ADDENDUM TO PURCHASE AND SALE AGREEMENT WITH JOINT ESCROW INSTRUCTIONS (" Addendum" ) is made and entered into as of June 25, 2003, by and between UNIFIED WESTERN GROCERS, INC., a California corporation (" Seller" ), and THE ALAMO GROUP, INC., a California corporation (" Buyer" ), who agree as follows:
1. This Addendum supplements and forms a part of the Purchase and Sale Agreement With Joint Escrow Instructions (" Agreement" ) made and entered into as of June 19, 2003, by and between Seller and Buyer. Capitalized terms used in this Addendum, but which are not otherwise defined in this Addendum, have the meanings given to them in the Agreement.
2. Notwithstanding the provisions of Section 1.3 of the Agreement to the contrary, the Parties desire to provide for a different closing schedule and for certain other agreements respecting the Category A Location designated on Exhibit " A" to the Agreement as " North Highlands, CA" (the " North Highlands Location" ). As such, the Parties agree as follows respecting the North Highlands Location:
(a) The Closing Date for purposes of the North Highlands Location shall occur on July 31, 2003, or such earlier date as is mutually agreed on in writing by the Parties.
(b) The Inspection Period for purposes of the North Highlands Location shall be deemed to have expired as of the date of this Addendum and (i) Buyer shall be deemed to have approved of all matters which might have been disapproved by Buyer under Section 6.2(a) of the Agreement a