In Section 4. 3.2.3, insert the following after the word “Service”: provided such Change Orders and Change Directives are not the result of omissions, defects, or errors in the Instruments of Service
In Section 4. 2.1.2, the last full unnumbered paragraph shall be deleted.
In Section 4. 1.1 of the Mezzanine Loan Agreement, the phrase, "except to the extent such preservation, renewal and effectiveness could not have a Material Adverse Effect" is hereby amended to read as follows, "except to the extent the absence of such preservation, renewal and effectiveness would not have a Material Adverse Effect".
In Section 4. 4: § In the second sentence of the first paragraph is replaced with the following: Each such increase shall be limited to an amount of the then current applicable fee(s) equal to the greater of five percent (5%) or the change in the U.S. Department of Labor, Consumer Price Index for Urban Wage Earners and Clerical Workers, All Cities, (1982=100) for the preceding 12-month period. For clarification, this limit applies only to recurring charges listed in Schedule 1, and does not limit increases due to changes in Customer’s asset size. § With respect to the second paragraph describing instances in which fee increases may exceed the percentage set forth in the immediately preceding section, HFS agrees that any such increases will not exceed 30% of the then-current applicable recurring fee(s) listed in Schedule 1.
In Section 4. 3.1. the term "cause" means (i) a final judicial finding that Executive has been guilty of fraud, misappropriation or intentional material damage to the property or business of the Corporation or the commission of a felony; (ii) continuance of willful and repeated failure by the Executive to perform his duties in compliance with this Agreement after written notice to the Executive by the Board of Directors specifying such failure, provided that such "cause" shall have been found by a majority vote of the Board of Directors of the Corporation after at least 10 days' written notice to the Executive specifying the cause proposed to be claimed and after an opportunity for the Executive to be heard at meetings of such Boards of Directors; or (iii) a violation of Section 2 of this Agreement.