Additional Modifications. Notwithstanding anything to the contrary -------------------------- contained herein or inferred hereby or in any other instrument executed by Borrower or in any other action or conduct undertaken by Borrower on or before the date hereof, the agreements, covenants and provisions contained herein shall constitute the only evidence of Lender's consent to modify the terms and provisions of the Note. No express or implied consent to any further modifications involving any of the matters set forth in this Agreement or otherwise, shall be inferred or implied from Lender's execution of this Agreement. Further, Lender's execution of this Agreement shall not constitute a waiver (either express or implied) of the requirement that any further modifications of the Note shall require the express written approval of Lender, no such approval (either express or implied) having been given as of the date hereof.
Additional Modifications. Notwithstanding the terms of Section 8.2 above, the following provisions of the Master Lease are modified as described below for the purpose of their incorporation into this Sublease:
(a) With respect to Section 4.C of the Original Master Lease, references to "Landlord" in the eighth (8th) sentence of said section shall be deemed to be references to Landlord and not Sublandlord. Similarly, references in the final two (2) sentences of Section 4.C of the Original Master Lease to "Landlord" shall be deemed to be references to Landlord and not Sublandlord;
(b) With respect to the first (1st) full paragraph of the Original Master Lease following Section 7(A)(4) of the Original Master Lease, references to "Building and/or Project" or "Building or Project" shall be deemed to be references to the Master Lease Premises;
(c) The fifth (5th) sentence of Section 12.A of the Original Master Lease shall be revised to provide that Subtenant shall have the right, without the consent of Sublandlord, to make Alterations that comply with the provisions of this sentence and which cost, in the aggregate. less than Subtenant's Proportionate Share of Fifty Thousand Dollars ($50,000.00);
(d) With respect to Section 15.B of the Original Master Lease. Tenant shall be entitled to an abatement of rent in the event of an Essential Services Interruption Event (as said term is defined in said Section 15.B) only to the extent that Sublandlord is entitled to a similar abatement of rent or in the event such Essential Services Interruption Event is caused by Sublandlord or by Sublandlord's breach of this Sublease or the Master Lease:
(e) All references in Section 21.A(1) of the Original Master Lease to the "Recapture Amount" shall be deemed deleted, and no compensation shall be necessary for recapture by Sublandlord of any space which Subtenant proposes to sublease or assign;
(f) The definition of Bonus Rent in Section 21.B of the Original Master Lease is revised to delete clause (ii) from the first (1st) sentence of Section 21.B of the Original Master Lease; additionally, Bonus Rent will be calculated based upon the Rent payable by Subtenant as adjusted pursuant to Sections 4.1(c)(i) and 4.1(c)(ii); and
(g) With respect to Article 37 of the Original Master Lease, the reference in the first (1st) sentence to the "Basic Lease Information" shall be deemed a reference to Section 18 below.
(h) With respect to Exhibit C to the Original Master Lease, the parties acknowledge that Section 16 below ...
Additional Modifications. (i) In Section 3.1(f) of the Development and Option Agreement, the occurrence of “exercise of an Option and entry into a License Agreement” in the first sentence is hereby replaced with “delivery of an Acceptance Notice and the entering into force of a License Agreement”.
(ii) In Section 3.3(c) of the Development and Option Agreement, the occurrence of “whether to exercise an Option” in the third sentence is hereby replaced with “whether to delivery an Acceptance Notice”.
(iii) In Section 4.2(c)(iii) of the Development and Option Agreement, the occurrence of “option” in the second sentence is hereby replaced with “right”.
(iv) In Section 4.2(d)(ii) of the Development and Option Agreement, the occurrence of “shall be reduced by each exercise of an Option” in the first sentence is hereby replaced with “shall be reduced by each delivery of an Acceptance Notice” and the occurrence of “applying from and after the date of exercise of an Option.” in the first sentence is hereby replaced with “applying from and after the date of an Acceptance Notice.”.
(v) In Section 6.4(c)(ii) of the Development and Option Agreement, the occurrence of “an Option Notice” in the first sentence is hereby replaced with “an Acceptance Notice”.
(vi) In Section 6.4(c)(iii) of the Development and Option Agreement, the occurrence of “to the Options” in the first sentence is hereby replaced with “pursuant to the Irrevocable Offer”.
(vii) In Section 9.2(a)(iv) of the Development and Option Agreement, the occurrence of “the Option Exercise Fee” is hereby replaced with “the Acceptance Fee”.
(viii) In Section 9.2(a) of the Development and Option Agreement, in the sentence immediately following subsection (iv), the occurrence of “or the Options” is hereby replaced with “or the Irrevocable Offers”.
Additional Modifications. Contractor shall comply with the provisions of the Notices of Waiver of Certain Fraud and Abuse Laws in Connection with the Vermont Medicare ACO Initiative and the Vermont All Payer Model dated December 20, 2018 (the “Federal Waiver”). The State intends to permit conduct and arrangements that are permissible under the Federal Waiver. Nothing in this Contract shall limit the State of Vermont’s right to establish Vermont specific conditions related to fraud and abuse for participation in the VMNG Program that differ from, or are in addition to, the conditions set forth by CMS in the Federal Waiver. Vermont shall provide Contractor with written notice of any Vermont specific conditions related to the fraud and abuse waivers in writing 90 days prior to their effect.
Additional Modifications. The Operating Agreement is further modified as follows:
(a) For purposes of computing each Member’s respective Share of the Total Costs of the Project not financed under Section 3.01(g), the reference to the principal amount of the Construction Loan shall be deemed to refer to the Construction Financing.
(b) Section 3.01(h) of the Operating Agreement is hereby modified to delete all references to NYTC Member’s obligation to make a capital contribution to repay the Construction Loan, it being acknowledged that, subject to the funding of the NYTC Extension Loan if and to the extent provided in the Operating Agreement and paragraph 7 of this Amendment, FC Member shall be solely obligated to make all such Capital Contributions required to repay the Construction Loan.
(c) All references to the NYTC Guaranteed Amount, Excess NYTC Guaranteed Amount and the requirement of a delivery of a New York Times Company payment guaranty of the Construction Loan are deleted and the following definition shall replace the existing definition of “NYTC Extension Loan” in Section 1.84 of the Operating Agreement:
Additional Modifications. As of the date of this Fifth Amendment, Paragraph 9 of the Fourth Amendment (captioned, “Expansion Option”) and Paragraph 10 of the Fourth Amendment (captioned, “Tenant’s Termination Option”) are hereby deleted in their entirety and are of no further force and effect.
Additional Modifications. The following section may be used to insert provisions for which there were no acceptable alternatives provided. It may be used to modify any portion of the Plan Document or Adoption Agreement.
Additional Modifications. (a) The following provisions of the Operating Agreement are hereby deleted from the Operating Agreement: (i) Definition of “Construction Loan Guaranty”; (ii) Second sentence of definition of “Cost Overruns”; (iii) “Echelon Place Cost Overrun”; (iv) Section 4.01; (v) Section 5.01(b) and 5.01(c); (vi) Section 5.02; (vii) Section 5.06(a) and Exhibit K; (viii) Section 9.03; and (ix) Section 9.06.
(b) The letter agreement between Morgans and Xxxx dated May 15, 2006 is hereby terminated and is null, void and of no further force or effect.
Additional Modifications. 2.1 Section 14(a) of the Existing Repurchase Agreement is hereby amended by deleting it in its entirety and replacing the same with the following:
Additional Modifications. Notwithstanding anything to the contrary contained herein or inferred hereby or in any other instrument executed by the Grantor or in any other action or conduct undertaken by the Grantor on or before the date hereof, the agreements, covenants and provisions contained herein shall constitute the only evidence of the Lenders’ consent to modify the terms and provisions of the Loan Documents in the manner set forth herein. No express or implied consent to any further modifications involving any of the matters set forth in this Modification or otherwise, shall be inferred or implied from the Administrative Agent’s execution of this Modification. Further, the Administrative Agent’s execution of this Modification shall not constitute a waiver (either express or implied) of the requirement that any further modifications of the Loan Documents shall require the express written approval of the Administrative Agent, no such approval (either express or implied) having been given as of the date hereof.
