Amendments For the 2008 Plan Year, only Salary and Short Term Incentive Awards paid after Termination of Employment may be contributed to the Plan

Amendments. Except as otherwise provided in this Agreement or in the Act, this Agreement may be amended only by the Member.

No amendment or modification of the terms or conditions of this Agreement shall be valid unless in writing and signed by the parties hereto.

Amendments. This Note and any provision hereof may only be amended by an instrument in writing signed by the Borrower and the Holder. The term “Note” and all reference thereto, as used throughout this instrument, shall mean this instrument as originally executed, or if later amended or supplemented, then as so amended or supplemented.

Amendments. None of this Agreement or any provision hereof or any provision of the other Loan Documents may be waived, amended or modified except # as provided in Section 2.18, 2.19 or 2.21 or # pursuant to an agreement or agreements in writing entered into by the Borrower and the Required Lenders or by the Borrower and the Administrative Agent with the consent of the Required Lenders; provided that, without the consent of each Lender directly and adversely affected thereby, no such agreement shall do any of the following (it being understood and agreed that this proviso shall not apply to # a waiver, extension, postponement or reduction of any default interest, # a waiver or extension of Defaults or Events of Default (other than pursuant to [Section 7.01(a) or (b)]), # a waiver, extension, postponement or reduction of any mandatory prepayment (or modification of any defined term relating thereto) or # an amendment, waiver or other modification to any financial covenant hereunder (or any defined term used therein) or [Section 5.02(a), (b) or (c)])] even if the effect of such amendment, waiver or other modification would be to reduce the rate of interest on any Loan or to reduce any fee payable hereunder):

Amendments. No amendment or modification of this Agreement shall be effective or binding with respect to a party unless it is in writing and is signed by the party.

Amendments. This Agreement cannot be amended, modified or changed in any way except by a written instrument executed by all Parties.

Amendments. This Agreement may be amended or modified only with the written consent of Executive and an authorized representative of the Company. No oral waiver, amendment or modification will be effective under any circumstances whatsoever.

#Section 1 of the Employment Agreement is hereby amended by deleting the existing Section 1(a) in its entirety and replacing it with the following:

Waiver. Any party’s failure to enforce any provision or provisions of this Plan shall not in any way be construed as a waiver of any such provision or provisions; nor prevent any party from thereafter enforcing each and every other provision of this Plan. The rights granted the parties herein are cumulative and shall not constitute a waiver of any party’s right to assert all other legal remedies available to it under the circumstances.