Amendment of Paragraph 4 a. Paragraph 4(a) of the Lease is hereby amended to read as follows:
Amendment of Paragraph 4. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows:
Amendment of Paragraph 4. 1. Paragraph 4.1 of the Lease is hereby amended to add the following sentences at the end thereof:
Amendment of Paragraph 4. C.i of the License Agreement. The first sentence of Paragraph 4.C.i shall be deleted in its entirety and the following shall be inserted in lieu thereof: "PF shall pay to the University one and one half million ($1,500,000) US dollars upon the later of the occurrence of the First Financing or April 30, 2007." Further, in each instance in which the date "October 31, 2006" appears in Paragraph 4.C.i., as provided pursuant to the Second Amendment, such date shall be deleted and "April 30, 2007" shall be inserted in lieu thereof.
Amendment of Paragraph 4. The last sentence of Paragraph 4(a) of the Lease Form is hereby deleted. The following language is hereby added at the end of Paragraph 4 of the Lease Form to read as follows: Notwithstanding anything to the contrary in the Lease, in no event shall Tenant have any obligation to perform or to pay directly, or to reimburse Landlord for, all or any portion of the following repairs, maintenance, improvements, replacements, premiums, claims, losses, fees, charges, costs and expenses (collectively "Costs") :
Amendment of Paragraph 4. Paragraph 4 of the Supplementary Agreement is hereby deleted in its entirety; provided that M&A's current representatives on the Company's Board of Directors shall be permitted to serve the remainder of their terms.
Amendment of Paragraph 4. A new subparagraph 4.(g) is added as follows:
Amendment of Paragraph 4. Paragraph 4 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment of Paragraph 4. The following language is hereby added to the end of Paragraph 4(a) of the Lease is to read as follows: Tenant's Share of Property Taxes and Operating Expenses shall not include the following: (i) any state, local, federal, personal or corporate income tax measured by the income of Landlord from all sources or from sources other than rent alone; (ii) any estate or inheritance taxes, any franchise, succession, or transfer taxes, or any interest on taxes or any penalties resulting from Landxxxx'x xailure to pay taxes of any kind; (iii) taxes that are separately assessed by government agencies to, and paid by, other tenants of the Building for taxes attributable to tenant improvements or other alterations, additions or improvements made by or for other tenants in the Building; (iv) any increase in excess of a 12% increase in the total of Property Taxes and Assessment Bonds (net of any tax increments received by Landlord) which increase results from a sale of the Building; (v) Landlord's general overhead expenses not related to the Building; (vi) brokerage commissions, legal fees, advertising costs and other related expenses incurred in connection with the leasing of the Building; (vii) repairs, alterations, additions, improvements, or replacements made to correct any defect in the design, materials or workmanship of the Building or common areas or to comply with any requirements of any governmental authority in effect as of the date of this Lease other than as may be required pursuant to Tenant's specific use; (viii) damage and repairs covered under any insurance policy carried by Landlord in connection with the Building; (ix) damage and repairs to the Building necessitated by the negligence or willful misconduct of Landlord or Landlord's employees, contractors or agents; (x) structural repairs or replacements or any improvements, alterations or expenditures of a capital nature; (xi) damage and repairs attributable to condemnation, fire or other casualty; (xii) damage and repairs necessitated by the negligence or willful misconduct of Landlord or Landlord's employees, contractors or agents; (xiii) executive salaries of Landlord; (xiv) salaries of service personnel to the extent that such service personnel perform services not solely in connection with the management, operation, repair or maintenance of the Building or common areas; (xv) Landlord's general overhead expenses not related to the Building; (xvi) payments of principal or interest on any mortgage or...
Amendment of Paragraph 4. The first sentence only of Paragraph 4 of the Exchange Agreement shall be amended to read as follows: The sole contingency regarding the transactions described herein is LDM's ability to arrange financing reasonably satisfactory to LDM for the Four Million Dollars ($4,000,000) to be deposited by LDM to an account in favor of Industrial Machining, or paid by check delivered to Polsxxxx, xx Closing.
