Running Royalties. Surface shall pay to Harbour a royalty of ​ percent ​ on Net Sales of Licensed Products sold by Surface, Affiliates and Sublicensees. Running royalties shall be payable for each Reporting Period and shall be due to Harbour within ​ days of the end of each Reporting Period.

Owned Land. [Recital B] on the first page of the Existing Mortgage is hereby deleted in its entirety and replaced with the following:

RUNNING THENCE South 9 degrees 53 minutes 20 seconds West, 421.32 feet to land now or formerly of J. Gazza;

Description of Conveyed Land. Exhibit B attached to this Modification is hereby added as Exhibit B of the Existing Mortgage.

Grant of Owned Land. Granting clause (b) on page 3 of the Existing Mortgage is hereby deleted in its entirety and replaced with the following: “(b) all right, title and interest Mortgagor now has or may hereafter acquire in and to the Land (including, without limitation, the Owned Land), the Improvements or any part thereof (whether owned in fee by Mortgagor or otherwise).”

Beginning at the Southeast corner of this parcel of land being, also, the Southwest corner of Lot 716-A (Map 120) of Land Court Application ​ and on the North side of Kaomi Loop the coordinates of the said point of beginning a 3/4 inch rebar in concrete referred to City & County Survey Street Monument at the intersection of Hanua Street and Kaomi Loop being 174.38 feet South and 1,394.46 feet West, hence running by azimuths measured clockwise from true South:

Beginning at the Northeast corner of this parcel of land the direct azimuth and distance from a 1/2 inch pipe at the Southeast corner of Lot 5882 (Map 537) of Land Court Application ​ being 164° 43' 03" 430.80 feet, the coordinates of the said point of beginning referred to City & County Street Survey Monument at the intersection of Hanua Street and Kaomi Loop being 373.34 feet North and 607.65 feet West, hence running by azimuths measured clockwise from true South:

Nonpetition Covenant. Notwithstanding any prior termination of this Administration Agreement, the Administrator covenants that it shall not, prior to the date which is one year and one day after payment in full of the System Restoration Bonds, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary case against the Issuer under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer.

Negative Covenant. From the date of its appointment until the Facility Termination Date, the Backup Servicer will not make any changes to the Backup Servicing Fee without the prior written approval of the Administrative Agent (acting at the direction of the Required Lenders) and, so long as no Event of Default or Servicer Termination Event has occurred, the Borrower.

Each Borrower covenants and agrees that, until termination of all of the Commitments and payment in full in cash of the Obligations, such Borrower will comply with the following financial covenant: