4(a). SBC-AMERITECH will complete the development of a long-term shared transport product by no later than October 8, 2000, and it will be made available to CLEC via amendment to this Agreement.
4(a). The expenses, wages, and other compensation of any witness called before the arbitrator shall be borne by the party calling such witness. Other expenses incurred, such as professional services, consultations, preparations of briefs and data to be presented to the arbitrator shall be borne separately by the respective parties.
4(a). Section 7.2.4(a) of the Credit Agreement is hereby amended and restated in its entirety to the following:
4(a) b Estimated tax payments for the tax year ..
4(a). The Curriculum Vita must include the dates any professional qualifications were obtained, and a summary of the relevant experience. The Project Director must have a minimum of 10 years’ experience in one of the 4 professional disciplines of Architecture, Civil/Structural Engineering, Building Services Engineering (M&E) or Quantity Surveying and at least 5 years acting as a Project Director or Project Senior in one of the above professions. Where the proposed Director is an Architect (Registered), Quantity Surveyor (Registered) or Chartered Engineer in the relevant discipline the minimum experience required is reduced to 7 years’ experience with least 3 years acting at a Project Director or Project Senior in the relevant discipline. In the case of multi-disciplinary practices, the firm must have a principal (i.e. director or partner) who meets the qualification requirements for the category of work being applied for. Under the Building Control Act 2007, a body corporate, firm or partnership carrying on business under a name, style or title containing the word “architecture” must be under the control and management of a registered professional architect, i.e. at least one of the directors must be a registered architect. The same applies to the title “Quantity Surveying” and “Building Surveying”, i.e. a body corporate, firm or partnership carrying on business under either of these titles must be under the control and management of a registered Quantity Surveyor (in the case of the former) or a registered Building Surveyor (in the case of the latter). The registration of Engineers as Chartered Engineers is governed by the Institution of Civil Engineers of Ireland (Charter Amendment) Act, 1969. For Engineering consultancy firms (Civil/Structural and Building Services), if the Project Senior is not a Chartered Engineer, final quality assurance checks and sign off must be completed by a Chartered Engineer qualified in the appropriate discipline, at director / senior management level. The Project Director may also be nominated to act as Project Senior or Project Senior (Back-up).
4(a). A new Section 8.1.4A is hereby added to Section 8.1 [Events of Default] and shall follow immediately after Section 8.1.4 and before Section 8.1.5 and shall read as follows:
4(a). If any calculation or determination by the Landlord of the Leasable Area of any premises (including the Leased Premises) is disputed or called in question, it shall be calculated or determined by the Landlord’s architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included in Operating Costs; provided that if the Tenant disputes the Landlord’s calculation or determination and the calculation or determination by the Landlord’s architect or surveyor agrees with the Landlord’s calculation or determination within a two percent variance, the Tenant shall pay the full cost of the Landlord’s and its architect’s or surveyor’s such calculation or determination forthwith upon demand.
4(a). Notwithstanding anything contained herein to the contrary, upon the occurrence and during the continuance of any Event of Default, any payment of principal, interest and other amounts payable under the Loan Documents from whatever source may be applied by the Paying Agent (at the direction of the Administrative Agent) among the Loan and other Obligations as the Administrative Agent shall determine in its sole and absolute discretion.
4(a). Section 2.1.4(a) is hereby amended by deleting the instance of “$25,000,000” in clause (i) of the proviso of the first sentence thereof and replacing it with “$15,000,000”.
4(a). Section 2.2.4(a) is hereby amended and restated as follows:
