Amendment to Section 18. The following new section shall be deemed to have been inserted as Section 18:
Amendment to Section 18. Section 1.8 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 18. Section 1.8 shall be amended and restated in its entirety to read as follows:
Amendment to Section 18. 1. Section 18.1 of the Lease is hereby amended by deleting the words "REA" and "REA Mortgage" in such section and substituting in lieu thereof the words "RUS" and "Oglethorpe Indenture," respectively.
Amendment to Section 18. Section 1.8 of the Merger Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 18. The first paragraph in Section 18 of the Agreement is hereby amended by inserting the following sentence at the end of the paragraph: "Anything to the contrary notwithstanding, in no event shall the Rights Agent be liable for special, indirect, punitive, consequential or incidental loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Rights Agent has been advised of the likelihood of such loss or damage."
Amendment to Section 18. Section 18(a) of the Holdings Pledge Agreement is hereby amended by inserting the phrase ", subject to the terms of the Intercreditor Agreement" in between the phrase "and will" and the phrase "duly assign" in the fifth line thereof.
Amendment to Section 18. Section 18(a) of the Rights Agreement is hereby amended by inserting the word “gross” immediately before the word “negligence” and after the word “without” in the second sentence thereof.
Amendment to Section 18. Section 1.8 of the Letter of Credit Facility Agreement is hereby deleted its entirety and replaced with the following:
Amendment to Section 18. Section 18 of the Rights Agreement is ----------------------- hereby amended and restated to read as follows: "The Company agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the preparation, delivery, administration and execution of this Agreement and the exercise and performance of its duties hereunder. The Company also agrees to indemnify the Rights Agent for, and to hold it harmless against, any loss, liability, damage, judgment, fine, penalty, claim, demand, settlement, cost or expense, incurred without gross negligence, bad faith or willful misconduct on the part of the Rights Agent (each as finally determined by a final, non-appealable order, judgment, decree or ruling of a court of competent jurisdiction), for any action taken, suffered or omitted by the Rights Agent in connection with the acceptance, administration, exercise and performance of its duties under this Agreement, including the costs and expenses of defending against any claim of liability in the premises. The indemnity provided herein shall survive the termination of this Agreement, the termination and the expiration of the Rights, and the resignation or removal of the Rights Agent. The costs and expenses incurred in enforcing this right of indemnification shall be paid by the Company. The Rights Agent shall be protected and shall incur no liability for, or in respect of any action taken, suffered or omitted by it in connection with the acceptance and administration of this Agreement in reliance upon any Right Certificate or certificate for the Common Shares or for other securities of the Company, instrument of assignment or transfer, power of attorney, endorsement, affidavit, letter, notice, direction, consent, certificate, statement, or other paper or document believed by it to be genuine and to be signed, executed and, where necessary, verified or acknowledged, by the proper person or persons, or otherwise upon the advise of counsel as set forth in Section 20 hereof. The Rights Agent shall not be deemed to have any duty or notice unless and until the Company has provided the Rights Agent with actual written notice."
