In Section 4. 7.1 this Addendum deletes the sentence “Risk corridors will be established for Demonstration Years 1 through 8.” and replaces it as follows: “Risk corridors will be established for Demonstration Years 1 through 9.”
In Section 4. 3.1.3, insert the words “revisions or changes to” after the word “or” and before the words “official interpretations.”
In Section 4. 3.2.1, insert the following after the word “Architect”: where such review causes significant disruption to the Architects normal operations
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. 6.6 of the MSA, references to “Section 5.1” are hereby deleted and replaced with “Section 6.1.”
In Section 4. 1 of the Agreement, the deadline for the execution and delivery of an amendment in which all schedules to the Agreement are approved by the parties shall be extended from February 9, 2001, to February 15, 2001. Except as expressly amended by this Amendment, the Agreement is hereby ratified and confirmed and shall remain in full force and effect. BUYER: HCV PACIFIC PARTNERS LLC, a California limited liability company By: /s/ XXXXXXX X. XXXXXX Print Name: Xxxxxxx X. Xxxxxx Its: President & CEO Date: 2/8/01 SELLER: XXXX RESOURCES L.P., a Delaware limited partnership, by XXXX MGP, Inc., a Delaware corporation, its managing general partner By: /s/ XXXXXXX X. XXXXXXX Print Name: Xxxxxxx X. XxXxxxx Its: V.P. Real Estate Date: 2/8/01 OLYMPIC PROPERTY GROUP LLC, a Washington limited liability company By: /s/ XXXXXXX X. XXXXXXX Print Name: Xxxxxxx X. XxXxxxx Its: C.O.O. Date: 2/8/01 OLYMPIC REAL ESTATE DEVELOPMENT LLC, a Washington limited liability company By: /s/ XXXXXXX X. XXXXXXX Print Name: Xxxxxxx X. XxXxxxx Its: C.O.O. Date: 2/8/01 2 OLYMPIC REAL ESTATE MANAGEMENT, INC., a Washington corporation By: /s/ XXX XXXXXXX Print Name: Xxx Xxxxxxx Its: Vice President Date: OLYMPIC RESORTS LLC, a Washington limited liability company By: /s/ XXXXXXX X. XXXXXXX Print Name: Xxxxxxx X. XxXxxxx Its: C.O.O. Date: Schedules:
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.
In Section 4. 2.10 of this Agreement, neither Seller nor any of its directors, officers, employees, shareholders or agents have retained, employed or used any broker or finder in connection with the transaction provided for herein or in connection with the negotiation thereof.
