Modifications to Master Agreement. The parties hereto amend the Master Agreement as follows:
1.1 Section 2.2(c) of the Master Agreement is amended by increasing the dollar amount in clause (y) thereof from $24,000,000 to $26,700,000. The additional amount of $2,700,000 shall be available only to fund the acquisition of the Land described on Schedule 1 to this Amendment (the "1999 Land") and the Lessee, the Lessor and the Agent agree that the 1999 Land shall not constitute a Construction Land Interest.
1.2 Schedule 2.2 to the Master Agreement is amended by increasing the amount of the Lessor Commitment set forth therein from $24,000,000 to $26,700,000 and to read in its entirety in the form attached to this Amendment.
Modifications to Master Agreement. The parties hereto amend the Master Agreement as follows:
1.1 Section 2.2(c) of the Master Agreement is amended by increasing the dollar amount in clause (y) thereof from $22,000,000 to $24,000,000.
1.2 Schedule 2.2 to the Master Agreement is amended by increasing the amount of the Lessor Commitment set forth therein from $22,000,000 to $24,000,000 and to read in its entirety in the form attached to this Amendment.
Modifications to Master Agreement. The parties hereto amend the Master Agreement as follows:
Section 4.1 (w) (Environmental Matters) of the Master Agreement is hereby amended by deleting the text thereof and substituting therefor the following:
(a) The Consolidated Companies have received no notices of claims or potential liability under, and are in compliance with, all applicable Environmental Laws, where such claims and liabilities under, and failures to comply with, such statutes, regulations, rules, ordinances, laws or licenses, would reasonably be expected to result in penalties, fines, claims or other liabilities to the Consolidated Companies having a Material Adverse Effect.
(b) None of the Consolidated Companies has received any notice of violation or notice of any action, either judicial or administrative, from any governmental authority (whether United States or foreign) relating to the actual or alleged violation of any Environmental Law, including, without limitation, any notice of any actual or alleged spill, leak, or other release of any Hazardous Material by any Consolidated Company or its employees or agents, or as to the existence of any contamination on any properties owned by any Consolidated Company, where any such violation, spill, leak, release or contamination would reasonably be expected to result in penalties, fines, claims or other liabilities to the Consolidated Companies having a Material Adverse Effect.
(c) The Consolidated Companies have obtained all necessary governmental permits, licenses and approvals which are material to the operations conducted on their respective properties, including without limitation, all required material permits, licenses and approvals for (A) the emission of air pollutants or contaminants, (B) the treatment or pretreatment and discharge of waste water or storm water, (C) the treatment, storage, disposal or generation of hazardous wastes, (D) the withdrawal and usage of ground water or surface water, and (E) the disposal of solid wastes.
1.2 Section 5.1(h) (Financial Covenants) of the Master Agreement is hereby amended by replacing such Section in its entirety with the following:
Modifications to Master Agreement. The parties hereto amend the Master Agreement as follows:
1.1 Section 5.1(g)(i) and (ii) (Reporting Covenants - Annual Financial Statements and Quarterly Financial Statements) of the Master Agreement is hereby amended by replacing such Sections in their entirety with the following:
(i) Annual Financial Statements. To the Agent, as soon as available and in any event within the earlier of (A) eighty (80) days after the end of each fiscal year of ChoicePoint and (B) five (5) days after the date of any required public filing thereof, audited balance sheets of the Consolidated Companies as at the end of such year, presented on a consolidated basis, and the related statements of income, and cash flows of the Consolidated Companies for such fiscal year, presented on a consolidated basis, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and accompanied by a report thereon of the independent public accountants of comparable recognized national standing, which such report shall be unqualified as to going concern and scope of audit and shall state that such financial statements present fairly in all material respects the financial condition as at the end of such fiscal year on a consolidated basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal year in accordance with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards;
Modifications to Master Agreement. Replace the text in Section 1 to read:
Modifications to Master Agreement. Add the following text to the end of section 4: "Scholarly Sharing. Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. Interlibrary Loan. Using secure electronic, paper, or intermediated means such as Ariel, Licensee may fulfill occasional requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC §108, "Limitations on exclusive rights: Reproduction by libraries and archives") and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works.
Modifications to Master Agreement. (A) Exhibit A. The last sentence of Section 3 shall be deleted.
(B) Exhibit B.
(a) The last sentence of Section 4 shall be deleted.
(b) The last sentence of Section 5 shall be deleted.
(C) Exhibit C. The last sentence of Section 4 shall be deleted.
Modifications to Master Agreement. The parties hereto hereby amend the Master Agreement as follows:
(a) Section 2.5 of the Master Agreement is hereby amended so that clause (iii) thereof reads as follows:
Modifications to Master Agreement. The following modifications are hereby made a part of the Master Agreement:
Modifications to Master Agreement
