Section 6A of the Agreement is deleted and the following Section is substituted in lieu thereof:
Section 6A. Representation If an individual unit member chooses non-GTAC representation, the University shall notify GTAC of all formal proceedings. A certified GTAC representative may attend all formal grievance meetings with advance agreement of the grievant. GTAC will be provided with all University responses to formal grievance steps. No such agreements between individuals and the University will necessarily set a traditional work practice for the unit. Section 6b: Exclusions Allegations of harassment, discrimination, Title IX violations, sexual misconduct, sexual violence, and/or retaliation must be reported to the Office of Institutional Opportunity and Access (IOA hereafter) and are not covered by these grievance procedures. Instead, those complaints will be addressed within the IOA complaint process:
Section 6A. 03 (a) Landlord represents and warrants that it has the financial capability and/or adequate financing to complete the Landlord’s Work in the time frames set forth herein. Within ten (10) Business Days of Tenant’s approval of the Final Plans for Landlord’s Work, Landlord shall deliver to Tenant evidence and assurances satisfactory to Tenant of Landlord’s financial capability to complete the Landlord Work. Landlord’s misrepresentation with regard to its ability to provide or obtain financing in an amount sufficient to complete the Landlord’s Work shall constitute material breach of the terms of this Lease.
Section 6A. BUSCO shall keep all equipment used in the transportation of students in accordance with the State of Illinois Standards for School Buses, and such equipment shall be maintained in good mechanical order at all times to pass the State School Bus Inspection. Any State inspector fees incurred in the periodic inspection of the vehicles herein described shall be at no cost to the SCHOOL. Buses shall be kept clean and in a sanitary condition and open to the examination by the SCHOOL at all times. It is understood that all equipment furnished shall comply with all statutes, school bus specifications, and safety regulations in force, and that if any bus equipment owned by the contractor is condemned in the whole or in part during the term of the contract, it shall be replaced by the BUSCO without expense to the SCHOOL and without claims for adjustment per diem, or per trip, compensation. No substitution of unauthorized conveyances will be allowed except in the case of an emergency, after authorization by the Superintendent or his designee of the District. BUSCO shall provide a full-time office operation supervised by a resident manager, referred to as “MANAGER”, who will act in behalf of BUSCO to insure compliance with the terms of this Agreement. Manager shall reside in the school district (unless waiver of said requirement is received from the Superintendent or his designee of the District), shall be subject to approval by the Board and Administration, and shall have had no less than one year experience in school bus transportation management. Manager shall file a report with SCHOOL of any transportation problems and any complaints made by patrons of SCHOOL, and specify disposition thereof within 24 hours. All buses shall be inspected daily and checked carefully for defects as set forth in Section 1 b. All defects found shall be remedied before using the vehicle. In addition, BUSCO shall maintain spare buses equivalent to 10% of total fleet requirements to be used in the event any buses which are transporting students in accordance with this Agreement shall fail to function or otherwise be unable to operate. No daily charge shall be made for any standby bus. BUSCO shall not operate or permit to be operated, any school buses in violation of speed limits, or other traffic laws or ordinances fixed by the State, City, Village or other Municipality. Transportation vehicles shall not be operated by anyone other than a person holding the required license issued him/her...
Section 6A. The phrase "one-third (unless a greater percentage is required below) of shares of Preferred Stock issued or issuable hereunder" in Section 6A shall be amended by inserting at the end of such phrase "based on 200,000 shares of Preferred Stock, which represents the 150,000 shares of Preferred Stock issuable upon conversion of the Notes and the 50,000 shares of Preferred Stock issued hereunder."
Section 6A. 3 Total Debt to EBITDA.....................37
Section 6A of the Subscription Agreement is hereby amended and restated in its entirety as follows:
Section 6A. Section 6(a) of the Transition Agreement is hereby amended and restated to read in its entirety as follows:
(a) Subject to Section 6(b), if Executive remains employed by the Company through the Transition Period, then the Company shall pay Executive a one-time cash bonus in the amount of $275,000, payable in a lump-sum within three business days following the completion of the Transition Period, subject to withholding of applicable taxes (the “Transition Bonus”).”
Section 6A. Financial Ratios...............................................................................29
Section 6A. 2 Proration...........................................30 Section 6A.3