Sections 16. 03 and 16.09 of the Credit Agreement are specifically incorporated herein as though set forth in full.
Sections 16. 10 through 16.13 shall apply only to those disciplinary actions defined in Section 17.1 and Section 17.3 of this Agreement. Step One Section 16.10
Sections 16. A.1 through 16.A.3 apply only to teachers.
Sections 16. 8.1 and 16.8.2 shall however not prohibit disclosure or use of any information if and to the extent that:
Sections 16. 2.B. and 16.3. hereof shall not apply to ownership by Franchisee of less than two percent (2%) beneficial interest in the outstanding equity securities of any publicly-held corporation. The term “publicly-held corporation” as used in this Agreement means a corporation with securities registered under the Securities Exchange Act of 1934.
Sections 16. 1.A and 16.1.B above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner/DES and not offered or recommended by Design-Builder to Owner/DES or (ii) arising from modifications to the Work by Owner/DES or its agents after acceptance of the Work.
Sections 16. 11 and 16.17). Any provision to the contrary contained elsewhere in this Agreement or in any other Loan Document notwithstanding, Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall Agent have or be deemed to have any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against Agent; it being expressly understood and agreed that the use of the word “Agent” is for convenience only, that Agent is merely the representative of the Lenders, and only has the contractual duties set forth herein. Except as expressly otherwise provided in this Agreement, Agent shall have and may use its sole discretion with respect to exercising or refraining from exercising any discretionary rights or taking or refraining from taking any actions that Agent expressly is entitled to take or assert under or pursuant to this Agreement and the other Loan Documents. Without limiting the generality of the foregoing, or of any other provision of the Loan Documents that provides rights or powers to Agent, Lenders agree that Agent shall have the right to exercise the following powers as long as this Agreement remains in effect: (a) maintain, in accordance with its customary business practices, ledgers and records reflecting the status of the Obligations, the Collateral, the Collections, and related matters, (b) execute or file any and all financing or similar statements or notices, amendments, renewals, supplements, documents, instruments, proofs of claim, notices and other written agreements with respect to the Loan Documents, (c) make Advances, for itself or on behalf of Lenders as provided in the Loan Documents, (d) exclusively receive, apply, and distribute the Collections as provided in the Loan Documents, (e) open and maintain such bank accounts and cash management accounts as Agent deems necessary and appropriate in accordance with the Loan Documents for the foregoing purposes with respect to the Collateral and the Collections, (f) perform, exercise, and enforce any and all other rights and remedies of the Lender Group with respect to Borrowers, the Obligations, the Collateral, the Collections, or otherwise related to any of same as provided in the Loan Documents, and (g) incur and pay such Lender Group Expenses as Agent may deem necessary or appropriate for the performance and...
Sections 16. 4.1.2, 16.5.2.1 and 16.5.3 are hereby amended by deleting “in the Territory” in each instance.
Sections 16. 1 and 16.2 of the Trust Agreement are hereby deleted in their entirety, and in lieu thereof, the following shall be inserted:
Sections 16. 1 and 16.2 state the entire liability of Avaya for intellectual property infringement by any Product furnished under the Agreement.
