Amendment to Section 14. Sections 14.1 and 14.2 of the Agreement is hereby deleted in their entirety, respectively, and replaced with the following:
Amendment to Section 14. Section 14 of the Agreement is hereby amended in its entirety to read as follows:
Amendment to Section 14. Section 1.4 of the Purchase Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 14. Section 1.4 of the Forbearance Agreement is hereby amended to delete the date “January 6, 2006” where it appears therein and insert in substitution therefor the date “January 20, 2006”.
Amendment to Section 14. Section 1.4 of the Forbearance Agreement is hereby amended to delete the date “December 9, 2005” where it appears therein and insert in substitution therefor the date “December 23, 2005”.
Amendment to Section 14. 1.1(c)(iii)
Amendment to Section 14. Section 14 of the Agreement shall be revised to add the provisions set forth below to the end of the Section: It is intended that each installment of payments provided for in this Agreement is a separate “payment” for purposes of Treasury Regulations Section 1.409A-2(b)(2)(i). For clarity, it is intended that severance payments and other payments set forth in this Agreement satisfy, to the greatest extent possible, the exceptions from the application of Section 409A provided under Treasury Regulations Sections 1.409A-1(b)(4), and 1.409A-1(b)(9). Notwithstanding the foregoing, to the extent that the Company determines that any of the payments or benefits provided under this Agreement constitutes “deferred compensation” within the meaning of Section 409A that may only be paid on a qualifying transaction (that is, the payments and benefits are not otherwise “exempt” under Section 409A), the definition of Change of Control in this Agreement will apply only to the extent the transaction also meets the definition used for purposes of Treasury Regulation Section 1.409A-3(a)(5), that is, as defined under Treasury Regulation Section 1.409A-3(i)(5).
Amendment to Section 14. Section 14 of the Contract, Program Income, is hereby amended and restated to read in its entirety as follows: Program income shall be earned and expended in accordance with 40 TAC §85.202(j), UGMS Subpart C _ .25, 45 CFR Part 75, including, without limitation, 45 CFR §75.307; 45 CFR 1321.73 and all applicable HHSC rules. Contractor shall use all program income and participant contributions collected under the approved area plan to further eligible program outcomes. All program income and participant contributions collected and expended shall be documented and managed according to HHSC rules. Program income received as contributions will be accounted for and deposited in accordance with the written policies and procedures established by Contractor in conformance with HHSC rules and regulations. Program income collected by service providers shall be handled in accordance with the HHSC rules and regulations. Program income collected by service providers shall consist only of those funds specifically provided by, or on behalf of: a program participant and directly attributable to the service provided.
Amendment to Section 14. The Real Property Purchase Agreement is hereby amended by deleting the existing Section 14 and inserting in lieu thereof the following new Section 14:
Amendment to Section 14. Section 1.4 of the Agreement is hereby deleted in its entirety and replaced by the phrase “Intentionally Deleted”.
