Pipeline easement from TXU Electric Delivery Company to Navasota Odessa Energy Partners, L. P. filed on April 4, 2007, recorded in Volume 2122, Page 565, Official Public Records of Ector County, Texas.

For the avoidance of doubt, storage of any Customer Satellites that have not Successfully Completed Factory Acceptance Review or that are being stored due to any non-compliance with any of the Work (including additional evidence indicating that the Customer Satellites should not have Successfully Completed Factory Acceptance Review) shall be at the Contractor’s sole expense.

SUPPLIER shall ensure that the MAE is suitable for use in this factory environment, according to the agreed upon characteristics.

Data I/O shall request payment of the remainder from the BOSCH factory in writing.

Spare-, wear and tear parts & services (MAE)

Hazardous Materials Freight: Notwithstanding anything contained in Section 10.B. to the contrary, and regardless of the freight terms listed on any Purchase Order, all Items that are Hazardous Materials/Dangerous Goods and are regulated in transportation by international, federal, state or local law shall be shipped Delivered Duty Paid, Buyer’s Dock (DDP: Buyer’s Point of Use; Inco terms 2000) for non free trade zone factory sites or Delivered Duty Unpaid, Buyer’s Dock (DDU: Buyer’s point of use, Inco terms 2000) for free trade zone factory sales. Title and risk of loss shall pass to Buyer upon delivery of Items to Buyer’s point of use at the Buyer factory site designated in the Release.

THIS FIRST AMENDMENT TO LEASE (“First Amendment”) is made and entered into as of May 12, 2015 (the “Effective Date”), by and between SEAHOLM L/R, LLC, a Texas limited liability company (“Landlord”), and athenahealth, INC., a Delaware corporation (“Tenant”).

“Factory Acceptance Review” or “FAR”, also sometimes referred to as “Pre-Shipment Review” or “PSR”, shall have the meaning set forth in [Article 10.1.1].

During the production of the MAE, SUPPLIER must take into consideration the fact that BOSCH will use the MAE in the following factory environment:

Administrative Agent may at any time give notice of its resignation to Lenders, L/C Issuer, Swing Line Lender and Borrower. Upon receipt of any such notice of resignation, Required Lenders shall have the right, in consultation with Borrower (so long as no Event of Default has occurred and is continuing), to appoint a successor, which shall be a bank with an office in Dallas, Texas, or any other city in the Dallas/Fort Worth, Texas metroplex, or an Affiliate of any such bank with an office in Dallas, Texas, or any other city in the Dallas/Fort Worth, Texas metroplex. If no such successor shall have been so appointed by Required Lenders and shall have accepted such appointment within thirty (30) days after the retiring Administrative Agent gives notice of its resignation (or such earlier day as shall be agreed by Required Lenders) (the “Resignation Effective Date”), then the retiring Administrative Agent may (but shall not be obligated to), on behalf of Lenders, L/C Issuer and Swing Line Lender, appoint a successor Administrative Agent meeting the qualifications set

Currently, the term “Restricted Business” under the Severance Agreement and the CIC Agreement is defined to mean “any business within the United States that is engaging in the multi-unit restaurant business that offers full service dining”. We both agree that this definition should instead be, and hereby is, amended and replaced in its entirety under both agreements to mean “any of the following companies or any restaurant business directly or indirectly owned, franchised, or operated by any of them or their respective subsidiaries: Bloomin’ Brands, Inc., Brinker International, Inc., Cheesecake Factory, Inc., Darden Restaurants, Inc., Denny’s Corporation, Dine Brands Global, Inc., First Watch Restaurant Group, Inc., Red Robin Gourmet Burgers, Inc., and/or Texas Roadhouse, Inc.”