Pursuant to Paragraph 3. 1, (1) either the Independent Fiduciary does not approve the release or the Settlement Agreement, or disapproves the release or the Settlement Agreement for any reason whatsoever, or McKinsey reasonably concludes that the Independent Fiduciary’s approval does not include the determinations required by PTE 2003-39; and (2) the Settling Parties do not mutually agree to modify the terms of this Settlement Agreement to facilitate an approval by the Independent Fiduciary or the Independent Fiduciary’s determinations required by PTE 2003-39;
Pursuant to Paragraph 3. 01 of the Purchase Agreement, Lessee hereby notifies Lessor that Lessee is electing to exercise the Expiration Date Purchase Option on the Scheduled Expiration Date of the Facility 2 Lease Agreement of [_____, ____].
Pursuant to Paragraph 3. 13.b of the Engineering Service Contract, the Guaranteed Maximum Fee is automatically amended to add additional sites. The Guaranteed Maximum Fee is amended upward on a per site fee. The per site fee is the amount of the Guaranteed Maximum Fee of the original scope divided by the number of sites in the original scope. The per site fee is $24,442 calculated using the original Guaranteed Maximum Fee of $5,304,000 and 217 sites as noted in Paragraph 2.01 of the Engineering Service Contract. The addition of sites is as follows: MARKET ORIGINAL SITES CURRENT SITES CHANGE IN SITES Phase I Albuquerque/Santa Fe 47 67 20 El Paso/Las Cruces 43 38 (5) Laredo 13 20 7 Phase 2A Lubbock 21 26 5 Amarillo 14 21 7 Midland/Odessa 18 15 (3) Phase 2B Abilene/San Angexx 25 26 1 Prescott/Flagstaff 6 12 6 Pueblo/Grand Junction 14 14 -- Phase 3A Eagle Pass/Del Rio 3 6 3 Farmington 3 3 -- Roswell/Carlsbad 6 6 -- Gallup 4 4 -- Phase 3B I-17 -- 13 13 I-25 -- 17 17 --------------------------------------------------------------------------------------- TOTALS 217 288 71 Engineering Service Contract Amendment 1 September 1, 1999
Pursuant to Paragraph 3. 13.a.4, attached is a revised Attachment A reflecting the new time rates as of July 1, 1999 for the designated classifications.
