Common use of Amendments; Termination Clause in Contracts

Amendments; Termination. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by each party hereto. The representations, warranties, covenants and agreements set forth in Article I, Article II and Article III shall terminate, except with respect to liability for prior breaches thereof, upon the earliest to occur of (i) termination of the Merger Agreement in accordance with its terms, (ii) the Closing Date and (iii) the date, if any, upon which the Company's Board of Directors withdraws, modifies or changes its recommendation or approval of the Merger Agreement or the PhoneTel Merger in a manner adverse to Old Davel (the "Termination Date").

Amendments; Termination. This Agreement may not be modified ----------------------- or amended except by an instrument or instruments in writing signed by each party hereto. The representations, warranties, covenants and agreements set forth in Article I, Article II and Article III shall terminate, except with respect to liability for prior breaches thereof, upon the earliest to occur of (i) termination of the Merger Agreement in accordance with its terms, (ii) the Closing Date and (iii) the date, if any, upon which the Company's Board of Directors withdraws, modifies or changes its recommendation or approval of the Merger Agreement or the PhoneTel Merger in a manner adverse to Old Davel (the "Termination Date").

Amendments; Termination. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by each party hereto. The representations, warranties, covenants and agreements set forth in Article III, Article II III and Article III IV shall terminate, except with respect to liability for prior breaches thereof, upon the earliest to occur of (i) termination of the Merger Agreement in accordance with its terms, (ii) the Closing Date and (iii) the date, if any, upon which the Company's Board of Directors withdraws, modifies or changes its recommendation or approval of the Merger Agreement or the PhoneTel Merger in a manner adverse to Old Davel (the "Termination Date"); provided, however, that with respect to clause (b) of Section 2.1, "Termination Date" shall mean the first anniversary of the Closing Date.

Amendments; Termination. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by each party hereto. The representations, warranties, covenants and agreements set forth in Article I, Article II and Article III shall terminate, except with respect to liability for prior breaches thereof, upon the earliest to occur of (i) December 7, 1998, (ii) termination of the Merger Agreement in accordance with its terms, (iiiii) the Closing Date and (iiiiv) the date, if any, upon which the CompanyPhoneTel's Board of Directors withdraws, modifies or changes its recommendation or approval of the Merger Agreement or the PhoneTel Merger in a manner adverse to Old Davel the Company (the "Termination Date").

Amendments; Termination. This Agreement may not be modified ----------------------------------- or amended except by an instrument or instruments in writing signed by each party hereto. The representations, warranties, covenants and agreements set forth in Article I, Article II and Article III shall terminate, except with respect to liability for prior breaches thereof, upon the earliest to occur of (i) termination of the Merger Agreement in accordance with its terms, (ii) the Closing Date and (iii) the date, if any, upon which the Company's Board of Directors withdraws, modifies or changes its recommendation or approval of the Merger Agreement or the PhoneTel Merger in a manner adverse to Old Davel (the "Termination Date").

Amendments; Termination. This Agreement may not be modified ----------------------- or amended except by an instrument or instruments in writing signed by each party hereto. The representations, warranties, covenants and agreements set forth in Article I, Article II and Article III shall terminate, except with respect to liability for prior breaches thereof, upon the earliest to occur of (i) December 7, 1998, (ii) termination of the Merger Agreement in accordance with its terms, (iiiii) the Closing Date and (iiiiv) the date, if any, upon which the CompanyPhoneTel's Board of Directors withdraws, modifies or changes its recommendation or approval of the Merger Agreement or the PhoneTel Merger in a manner adverse to Old Davel the Company (the "Termination Date").