Additional Provision. Each party hereby agrees that the Confirmation and thus the Assigned Transaction are each hereby amended as follows:
Additional Provision. 6.1 Section 13.5 of the License Agreement shall be deleted in its entirety and replaced with the following:
Additional Provision. Any advance that Lender in its sole discretion may permit after the final payment date provided in this Note will be due on demand and otherwise subject to the terms of this Note.
Additional Provision. As of the Effective Date, Asignee and Remaining Party hereby agree that the Confirmations and thus the Assigned Transactions are each hereby amended as follows:
Additional Provision. Notwithstanding anything to the contrary contained herein, it is understood and agreed that the owners of Certificates of Beneficial Interest of the Trust, irrespective of whether said Certificates of Beneficial Interest are owned by any person in such person's individual capacity or in any representative capacity, shall not be personally liable under or by virtue of this Agreement or under any Note executed pursuant hereto, or on any Note endorsed by the Trust and delivered to the Bank as security for payment of the loans advanced pursuant to this Agreement. The foregoing provisions shall be deemed a limitation on personal liability only to the extent that such liability, if any, arises by virtue of the ownership of said Certificates of Beneficial Interest. Nothing contained in this paragraph shall be deemed to limit, release or modify the liability, if any, of any such owner of Certificates of Beneficial Interest arising in any manner other than because of such ownership, including by way of example, but not limitation, the liability, if any, of any person having executed a Guaranty or of any member of the Board of Trust Managers or any officer thereof for willful misconduct or gross negligence in connection with any representation, warranty, or certificate made by such person in performance of this Agreement. This paragraph shall not be deemed to create or imply the existence of personal liability on the part of any person by virtue of any office or otherwise, but rather shall be deemed solely a statement of the limitation of personal liability, if any, arising by virtue of the ownership to said Certificates of Beneficial Interest. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Additional Provision. In addition to the items set forth in Section 2.2, the District agrees to provide User with the following services or set-ups:
Additional Provision. In addition to the principles of the Cost Plus Model as set forth in Section 3.4.1 of the Master Alliance Agreement, the following provisions shall apply to the determination of product or service costs with respect to On-Net Transport Services and On-Net Ancillary Services under the Cost Plus Model:
Additional Provision. The following Section 1412 is numbered to conform with the format of the Standard Provisions:
Additional Provision. Section 901 of the Base Indenture shall apply to the Notes, provided that the following text shall be inserted at the end of such Section: “Without limitation of the foregoing, the Company and the Trustee may amend or supplement the Indenture or the Notes without the consent of any Holder to implement any Three-Month Term SOFR Conventions or any benchmark transition provisions after a Benchmark Transition Event and its related Benchmark Replacement Date have occurred (or in anticipation thereof). The Trustee may conclusively rely on a Company Request (in addition to any other orders, certificates and opinions) as to whether a Benchmark Transition Event and Benchmark Replacement Date have occurred.”
Additional Provision. In the event that any conflict arises between this Agreement and that certain Forbearance Agreement dated August 8, 1997 by and among Customer, IBM Credit, Xxxxxxx Xxxxx and Xxxxxxx X. Xxxxx, Xx. (the "Forbearance Agreement"), the Forbearance Agreement, while it remains in effect, shall govern provided however, 45 of 46 that the occurance of any event that causes a termination of the Forbearance Agreement shall create an Event of Default under this Agreement.
