Article 3. 1.1: after the word “licensed” insert the following phrase: “…by all state, county and local municipal authorities…”
Article 3. 5.1: Xxxxxx and replace with the following article containing new sub- paragraphs:
Article 3. Article 3 of the Agreement is hereby deleted in its entirety and replaced with the following:
Article 3. Article 3 of the Lease is hereby amended to provide that the two (2) paragraphs comprising Article 3 of the Lease are labeled, sequentially and respectively, “3.1” and “3.2”.
Article 3. Section 3.01(a), Section 3.01(c), Section 3.01(d), Section 3.02, Section and Section 3.03 are hereby deleted.
Article 3. 1.2 shall apply mutatis mutandis to cases where any provision of the Articles of Incorporation is inconsistent with the provisions of Article 3.3.1 or Article 3.3.2.
Article 3. 4.4: Each of the two references to “at then current replacement costs” is hereby deleted and replaced with “at then average replacement cost over the immediately preceding twelve (12) month period”.
Article 3. 5.1: Xxxxxx and replace with the following article containing new sub-paragraphs:
Article 3. 12.2: The following shall replace the first sentence in Article 3.12.2: “To verify Operator’s compliance with Article 3.12.1 for the current calendar year and for any of the three (3) preceding years, upon reasonable notice and at reasonable times and intervals but no more often than once in a calendar year, Infineum may require that, at Infineum’s cost, Infineum’s internal auditors and/or an independent third party auditor selected by Infineum and acceptable to Operator, which acceptance shall not be unreasonably withheld, perform an audit for such purposes.”
Article 3. 2.1 of Annex A of the Agreement is deleted in its entirety and replaced with the following: