Contingency. THIS AMENDMENT IS EXPRESSLY CONTINGENT UPON EXECUTION, ON OR BEFORE MAY 31, 2015 (THE “OUTSIDE AGREEMENT DATE”), OF AN AGREEMENT BETWEEN LANDLORD AND THE TENANT OCCUPYING THE EXPANSION SPACE AS OF THE DATE OF THIS AMENDMENT (THE “EXISTING TENANT”) RESPECTING THE RELOCATION OF THE EXISTING TENANT FROM THE EXPANSION SPACE (THE “RELOCATION AGREEMENT”). IF THE RELOCATION AGREEMENT IS NOT EXECUTED BY LANDLORD AND EXISTING TENANT ON OR BEFORE THE OUTSIDE AGREEMENT DATE, AT LANDLORD’S OPTION, THIS AMENDMENT SHALL BE NULL AND VOID AND OF NO FURTHER FORCE OR EFFECT, AND NEITHER TENANT NOR LANDLORD WILL HAVE ANY FURTHER OBLIGATIONS HEREUNDER. FOR THE AVOIDANCE OF DOUBT, IT IS ACKNOWLEDGED AND AGREED THAT IN SUCH EVENT, THE LEASE WILL CONTINUE IN FULL FORCE AND EFFECT WITH RESPECT TO THE ORIGINAL PREMISES AS THOUGH THIS AMENDMENT HAD NEVER BEEN ENTERED INTO.

“Building Loan Contingency (Hard Costs)” shall mean the amount allocated as contingency reserve in the Project Budget for “Hard Costs” of construction.

The Chief Executive Officer and the Compensation Committee of the Board of Directors reserve the right to interpret, amend, modify, or terminate the Plan in accordance with changing conditions at any time in their sole discretion.

#[[Organization A:Organization]] shall furnish contingency recovery plans, contingency exercise and testing schedules annually or upon request. [[Organization A:Organization]] shall provide to [[Bank of America:Organization]], annually, or upon request, copies of all contingency exercise final reports and shall Include, but not be limited to, disaster scenario description, exercise scope and objectives, detailed tasks, exercise issues list and remediation, and exercise results. If requested, [[Organization A:Organization]] shall allow [[Bank of America:Organization]], at its own expense, to observe a contingency test.

The Contingency Diversion System storage location and materials are to be kept serviceable and in operable condition at all times for Contingency Diversion System construction and operation.

Contingency Diversion System Activation:

Contingency Diversion System Operation and Maintenance: Purchaser shall maintain and operate the Contingency Diversion System until notification from EPA that the system may be decommissioned and removed, in accordance with the following:

“National Contingency Plan” or “NCP” shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.

Other than Permitted Budget Re-allocations, subject to the prior approval of ​, which shall not be unreasonably withheld, conditioned or delayed, the ​ may revise the Project Budget from time to time to move Building Loan Contingency (Hard Costs) to other Hard Costs Budget Lines, and/or to move Building Loan Contingency (Soft Costs) to other Soft Costs Budget Lines. Any Permitted Budget Re-allocations shall not require the prior approval of ​, but ​ shall provide prompt written notice of same to ​.

“Qualifying Letter of Credit” means an irrevocable standby letter of credit (without contingency or conditions) issued by an Eligible Financial Institution which names the Subscription Agent as the sole beneficiary thereof.