Satisfaction of Indemnity; Escrow Amount; Sole Recourse. Subject to the other limitations, conditions and restrictions of this [Article X]:

1 This is a matter that is in the sole discretion of Selakovic; but, this statement is made to eliminate any question of whether all the interested parties are in accord.

This Amendment # is limited precisely as specified herein and does not constitute nor shall be deemed to constitute a modification, acceptance or waiver of any other provision of the May Note, the July Note and the September Note, # is not intended to be, nor shall it be construed to create, a novation or an accord and satisfaction of any obligation or liability of the Company under the May Note, the July Note and the September Note, and # shall not prejudice or be deemed to prejudice any rights or remedies the Holder may now have or may in the future have under or in connection with the May Note, the July Note and the September Note.

The undersigned hereby irrevocably elects to convert $ of the above Note into Shares of Common Stock of ​. (“Shares”) accord- ing to the conditions set forth in such Note, as of the date written below.

would accord to its own confidential information. It is agreed that, notwithstanding the restrictions of any prior confidentiality agreement binding on ​ or any Arranger, such parties may disclose Information as provided in this Section.

Once credited to a Participant’s Account under this Plan, the amounts described in this [Section 5.5] shall accrue the interest or investment return described in [[Section 5.2, 5.3, and 5.4]4]4]]4]4] above, and shall be paid in accord with [Article 7] below.

Delivery of Settlement Amount in Satisfaction of Indebtedness. Subject to the terms and conditions herein, the Company agrees to deliver the Settlement Amount to Lender upon pursuant to the terms of this [Section 2]. Payment of the Settlement Amount shall be in the form of a wire transfer in immediately available funds to an account designated by Lender in writing to the Company within two (2) days of the Effective Date.

Any Person required to maintain the confidentiality of Confidential Information as provided in this [Section 9.11] shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Confidential Information as such Person would accord to its own confidential information.

No payment by Tenant or receipt by Landlord of a lesser amount than the Rent payment herein stipulated shall be deemed to be other than on account of the Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such Rent or pursue any other remedy provided in this Lease or in equity or at law. If a dispute shall arise as to any amount or sum of money to be paid by Tenant to Landlord hereunder, Tenant shall have the right to make payment “under protest,” such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of Tenant to institute suit for recovery of the payment paid under protest.

Invoices submitted by your Company in the sum of ​ payable to Accord Construction, Inc. have been approved by the undersigned and will be submitted to General Electric Capital Corporation for payment as a Capital Funding request. Such approval of the undersigned shall not be revoked or modified. The undersigned expects payment will be made on or before ​.