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. 8.1 and 16.8.2 shall however not prohibit disclosure or use of any information if and to the extent that:
Sections 16. A.1 through 16.A.3 apply only to teachers.
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. 2.1 - 16.2.5 - Delete all obsolete language.
Sections 16. 1 and 16.2 state the entire liability of Avaya for intellectual property infringement by any Product furnished under the Agreement.
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. 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. 2 (Governing Law) and 16.3 (Dispute Resolution) of the Amended and Restated Shareholders’ Agreement shall apply to this Agreement (with the necessary modifications) as if they were set out in full herein. [The remainder of this page has been intentionally left blank.]
