Tenant’s Rights. Tenant may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the “Lines”) at the Building in or serving the Premises, provided: # Tenant shall obtain Landlord’s prior written consent, and use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Paragraph 15, # any such installation, maintenance, replacement, removal or use shall comply with all Applicable Laws and good work practices, and shall not interfere with the use of any then existing Lines at the Building, # an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord’s reasonable opinion, # if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, # as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, # Tenant’s rights shall be subject to the rights of any regulated telephone company, and # Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Applicable Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within five (5) Business Days after notice.

The Company agrees that the Administrative Agent may, but shall not be obligated to, make any Communications available to the Lenders and the L/C Issuer by posting the Communications on IntraLinks™, DebtDomain, SyndTrak, ClearPar or any other electronic system chosen by the Administrative Agent to be its electronic transmission system (the “Platform”).

Electronic Communications. Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent, provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications.

Electronic Communications. Notices and other communications to the Banks and the Issuing Banks hereunder may be delivered or furnished by electronic communications (including e mail, FpML messaging, and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Bank or Issuing Bank pursuant to [Article 2] if such Bank has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. The Administrative Agent, Issuing Bank or the Company may each, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications.

Section # Waiver; Amendments.

“IT Assets” means software, computers, firmware, servers, workstations, routers, hubs, switches, data communications lines, and all other information technology equipment owned, leased or licensed by the Target Entities and used in support of the Business.

Officer Positions and Reporting Lines. During the Employment Term, you will have the title of Chairman of the Board, President and Chief Executive Officer of [[Organization A:Organization]] and will have the powers, responsibilities, duties and authority customary for the Chairman of the Board, President and Chief Executive Officers of corporations of the size, type and nature of the [[Organization B:Organization]], including, without limitation, those powers, responsibilities, duties and authority you had immediately prior to the Start Date and those subsequently acquired. During the Employment Term, you will report solely and directly to the Board of Directors of [[Organization A:Organization]] (the “Board”). During the Employment Term, you shall be the highest ranking executive of the [[Organization B:Organization]] (i.e., there shall be no executive of equal or higher ranking). During the Employment Term, your duties shall include all of your duties as of the Start Date and those subsequently acquired, including the public positioning of the [[Organization B:Organization]], and you shall have the sole authority to cause any [[Organization B:Organization]] business unit or operating division head, any executive officer of the [[Organization B:Organization]] and/or any other employee of the [[Organization B:Organization]], to report directly to you or another executive officer of [[Organization A:Organization]], subject to any applicable employment agreement now existing with such head or executive officer which requires them to report directly to you or to your titled position. For the sake of clarity and avoidance of doubt, your powers, responsibilities, duties and authority existing immediately prior to the Start Date shall extend to cover and include those powers, responsibilities, duties and authority necessary for your continued management of the [[Organization B:Organization]] each day during the Original Employment Term in a manner that is completely consistent with the operational and administrative protocols that you historically have enjoyed during your tenure as Chairman of the Board, which ability the parties mutually acknowledge and agree has been instrumental in your demonstrated capability to consistently focus on the strategic execution of the [[Organization B:Organization]]’s initiatives and successfully lead the [[Organization B:Organization]].

Within 21 days after the end of the Transition Period, the Company shall transfer to Executive the service agreement for the cellular phone assigned to Executive, subject to Executive acknowledging and agreeing at that time that Executive has returned any electronic materials or property of the Company existing or stored on the cellular phone.

Executive’s authorized access to such computer system. Notwithstanding anything to the contrary set forth herein, this Agreement shall not be construed to restrict Executive from communications or disclosures that are protected under federal law or regulation, including any communications or disclosures made under, pursuant to or in furtherance of Section 21F of the Securities and Exchange Act of 1934.

For the avoidance of doubt, ​ shall not be required to restore # any work performed in the Demised Premises by Landlord; # any Alteration which Landlord did not inform ​ in writing at the time Landlord consented thereto that Landlord would require ​ to remove, repair or restore at the end of the Term; or # any cabling work in connection with the installation of telephone or computer lines in the Demised Premises.