Amendment to Section 1.01 Section 1.01 of the Credit Agreement shall be amended as follows: (a) The following definitions shall be added to Section 1.01 of the Credit Agreement in the appropriate alphabetical order:
Amendment to Section 10 10. Subsection 10.10(f) of the Credit Agreement is amended and restated in its entirety to read as follows:
Amendment to Section 12 11. Section 12.11 of the Credit Agreement is hereby amended by amending and restating such section in its entirety to read in full as follows:
Amendment to Section 9 04(a). Section 9.04(a) is hereby amended and restated in its entirety to read as follows:
Amendment to Section 8 6(c). Section 8.6(c) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 6 12. Section 6.12 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Section 7 03 (Liens) of the Credit Agreement. Clause (c) of Section 7.03 of the Credit Agreement is hereby amended and restated as follows:
Amendment to Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order therein:
Amendment to Section 13 Section 13 of the Rights Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Agreement, (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of the other transactions contemplated in the Merger Agreement shall not be deemed to be a Section 13 Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 13.”
Limitation on Indemnity Without affecting the rights of City under any provision of this agreement or this section, Consultant shall not be required to defend, indemnify, and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Consultant is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Consultant will be all-inclusive and