provided that, any delays in the settlement or payment of such awards that are set forth in the applicable award documents and that are required under Section 409A of the Internal Revenue Code shall remain in effect.

Claims based on events, acts or omissions taking place after the Execution Date of this Agreement; and

by its acts or omissions knowingly and/or intentionally not cause any breach or default under the Purchase Agreement,

For purposes of this Amendment, the terms “Substantially Completed”, “Substantially Completes” and “Substantially Complete” shall mean that the work in question has been completed other than minor or non-material details of construction, mechanical adjustment or decoration “Punch List Items” which do not materially interfere with Tenant’s ordinary use of the applicable portion of the Premises in which such work was performed, provided that Landlord shall use commercially reasonable efforts to complete such Punch List Items within thirty (30) days following notice from Tenant thereof (which thirty (30) day period shall be subject to extension due to casualty, condemnation, Tenant Delays and Unavoidable Delays).

Technical information which is or becomes part of the public domain other than by acts or omissions of Consultant; or

Provided, however, that solely with respect to the actions or omissions set forth in [Section 5(a)(ii), (iii), (v) and (vi)])])])], such actions or omissions must remain uncured thirty (30) days after the Board has provided Employee written notice of the obligation to cure such actions or omissions. For the avoidance of doubt, the actions or omissions set forth in [Section 5(a)(i), (iv) and (vii)])])] are not permitted to be cured by Employee under any circumstances. Any act or failure to act (i) based on specific authority given pursuant to a resolution adopted by the Board, (ii) based on specific advice of the Company's outside counsel, or (iii) based on the specific direction of the Board shall be presumed to be done, or omitted to be done, by Employee in good faith and in the best interests of the Company and therefore shall not form the basis for a Cause termination.

Lender shall in no way be liable for any acts or omissions of Borrower, Borrower’s agents or Borrower’s employees.

adopt rules to interpret and administer this Plan, remedy ambiguities and errors in this Plan, and supply omissions from this Plan;

•any person or organization with respect to their legal responsibility for covered acts or omissions of you or a family member; or

amounts necessary to repair any damage to the Property caused by the intentional acts or omissions of Borrower or those acting on behalf of Borrower;