Confidentiality of Franklin Networks, Inc. and ​ Business. All information regarding the business of Franklin Networks, Inc. and ​ including, without limitation, financial information that was provided to the parties during any due diligence investigation or after the Stock Purchase Agreement was effectuated will be kept in strict confidence by the receiving party and will not be used, exploited or commercialized by the receiving party or disclosed to any third party (other than professional accounting and legal advisors or as required by law) without the prior written consent of the disclosing party.

Prior Plan: The Acuity Brands, Inc. Supplemental Retirement Plan for Executives in which certain participants in this Plan previously participated.

HECO and AES Barbers Point, Inc. (renamed ​ as of September 12, 1997) have entered into a Power Purchase Agreement dated March 25, 1988, as subsequently amended, modified and clarified (the “Power Purchase Agreement”).

The Assignor and Insight Mobile, Inc., a Delaware corporation (“Insight Mobile”) are parties to that certain Purchase of Contract Rights Agreement (“Contract Rights Agreement”), pursuant to which the Assignor and Insight Mobile executed and delivered an Assumption of Membership Interest Purchase Agreement (the “MIPA Assumption”, and together with the Acquisition Agreement and the Contract Rights Agreement and any other agreements, documents or instruments delivered in connection therewith, the “Acquisition Agreement Documents”), which is being held in escrow by counsel for Insight Mobile pending satisfaction of all conditions to the closing of the Acquisition Agreement, and whereby Insight Mobile has agreed to pay the Assignor the purchase price of $4,500,000 for the Assignor’s “Contract Rights” under the Acquisition Agreement.

Easement to Texaco Natural Gas, Inc. recorded in Volume 1315, Page 663, Deed Records, Ector County, Texas. (E/2 of Section 37, Block 42)

Sale of Blue Falcon I Inc. (i.e., the Aerostructures Business of EDO LLC)

Master Services Agreement with Pixalate, Inc., dated June 5, 2015. The outstanding obligation of Franklin Networks, Inc. to Pixalate is $ 30,000.00;

The Borrower, Summit Hotel Properties, Inc. (the “Parent Guarantor”), the other guarantors named therein, Administrative Agent, and the Lender Parties have entered into that certain Credit Agreement dated as of October 10, 2013 (the “Credit Agreement”). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

This Amendment to the Time Warner Inc. 2003 Stock Incentive Plan (the "Plan") shall become effective on October 1, 2008 (the "Effective Date").

Puget Puerto Rico: Puget Puerto Rico, Inc., a wholly owned subsidiary of Puget organized under the laws of the Commonwealth of Puerto Rico.