Amendment to Sub. Article 13. Sub-Article 13(A) of the Contract --------------------------- is hereby amended by deleting paragraph (2) therein in its entirety and inserting in lieu thereof the following: "If the other Party defaults on any of its payment obligations (or, in the case of the Contractor, if the amount in the Contingency Account or the amount available to be drawn under the Contingency Letter of Credit and the Retainage Letter of Credit is less than the Required Amount, unless the period of time during which the Retainage Letter of Credit has to be outstanding has expired) and does not cure such default (or does not increase the amount on deposit in the Contingency Account or increase the amount available to be drawn under the Contingency Letter of Credit and the Retainage Letter of Credit to the Required Amount) within a period of thirty (30) days (or such longer period as the non-breaching party may authorize in writing) after receipt of written notice demanding cure;".
Amendment to Sub. Section 1.2(c). Effective as of June 30, 2015, Sub-Section 1.2(c) of the ANSI Consulting Services Agreement is hereby amended by deleting that Sub- Section in its entirety and replacing it with the following new Sub-Section 1.2(c):
Amendment to Sub section 6.1 (Cost Baseline) of Section 6 (Savings Initiative Requirements and Process) of Exhibit D (Pricing) to the Agreement. Sub-section 6.1 (Cost Baseline) of Section 6 (Savings Initiative Requirements and Process) of Exhibit D (Pricing) to the Agreement is hereby amended by replacing the phrase “2010 Fiscal Year Potential Management Fees with the following: “2010 Fiscal Year actual Management Fees”.
Amendment to Sub. Servicing Agreement and the Pooling Agreement. --------------------------------------------------------------
Amendment to Sub. Clause (a)(iii) of Annex I. Sub-Clause (a)(iii) of Annex I is hereby amended by deleting the reference to “Section 2” and substituting “Section 3” in lieu thereof.
Amendment to Sub section 3.4 (Potential Management Fee Rate) of Exhibit D (Pricing) of the Agreement. Sub-section 3.4 of Exhibit D of the Agreement is deleted and replaced in its entirety with the following: “Potential Management Fee Rate. The “Potential Management Fee Rate” shall be per the table below, and if the budgeted Managed Costs for any Fiscal Year are or have been increased based upon New Services, Changes or otherwise, the Potential Management Fee Rate will be adjusted as set forth below. Any such change in the Potential Management Fee Rate shall be prorated for purposes of calculating Base Management Fee, Management Fee at Risk, or Incentive Compensation for any partial Fiscal Year or Measurement Period applicable to the Management Fee based upon the effective date of the New Order or Change. Pursuant to the terms of Section 3 of Exhibit D (Provider Compensation) of the Agreement, Company shall pay Provider a minimum Potential Management Fee (“Fee Floor for Budget Tier”) for each Potential Management Fee Rate bracket as defined in the table below. The Potential Management Fee payout shall be equal to the greater of the Fee Floor for Budget Tier or the Budgeted Costs for a Fiscal Year multiplied by the Potential Management Fee Rate.” Budgeted Costs for a Fiscal Year Potential Management Fee Rate Fee Floor for Budget Tier Less than $100,000,000 2.50 % $0 Equal to or greater than $100,000,000 and less than $150,000,000 2.25 % $2,500,000 Equal to or greater than $150,000,000 and less than $200,000,000 2.125 % $3,375,000 Equal to or greater than $200,000,000 and less than $250,000,000 2.00 % $4,250,000 Equal to or greater than $250,000,000 and less than $300,000,000 1.85 % $5,000,000 Equal to or greater than $300,000,000 1.70 % $5,550,000 2.5 Amendment to Sub-section 2.1_(Certain Definitions) of Exhibit D (Pricing) of the Agreement. Section 2.1 of Exhibit D of the Agreement is amended to add the following definitions at the end of the section:
Amendment to Sub section 3.9 (c) (3) (Special Project Services Costs) of Exhibit D (Pricing) of the Agreement. Section 3.9 (c) (3) of Exhibit D of the Agreement is amended to add the following at the end of the section: Upon Company’s written request, under the Special Project Services Provider manages and pays subcontractors expenses and/or self perform certain labor activities. Company shall direct work
