Export of Software. To the extent the Software contains any cryptographic functionality that would subject it to the provisions of the United States Export Administration Regulations (the “EAR”), [[Organization A:Organization]] hereby represents and warrants that: # the Export Control Classification Number (“ECCN”) for such Software is set forth on the applicable Product License Schedule; and # [[Organization A:Organization]] has obtained all necessary licenses, if any, and submitted all necessary prior notifications and review requests (without receipt of any objection) to the Bureau of Industry and Security (“BIS’’) and the National Security Agency (the “NSA), which are required to be made under the EAR in order for [[Bank of America:Organization]] to be able to use such Software as contemplated hereunder and in accordance with (and subject to) the provisions of the Agreement and the applicable Product License Schedule, outside of the United States, subject to the following: # [[Bank of America:Organization]] may not export such Software to any countries (or the nationals thereof) in Country Group E:1 on Supplement No. 1 to Part [[Identifier]] of the EAR (as such provision may be hereafter amended); # [[Bank of America:Organization]] may not export such Software in violation of any prohibitions of EAR Parts 744 and 746 (as such provisions may be amended from time to time); and # [[Bank of America:Organization]] may have obligations to make periodic reports to BIS and/or the NSA (unless such exports are made to [[Bank of America:Organization]] Affiliates which are classified as “U.S. Subsidiaries” under Part [[Identifier]] of the EAR), and to the extent such reports are required, [[Organization A:Organization]] has provided, or will provide, a brief summary of such requirements, as given to the best of its knowledge, on the applicable Product License Schedule. [[Organization A:Organization]] will hereafter communicate to [[Bank of America:Organization]] any additional laws and regulations relevant to [[Bank of America:Organization]]’s export, reexport, sale or other disposition of Product pursuant to this Agreement

SAVINGS CLAUSE. Save and except as hereinabove expressly amended, the Plan Statement shall continue in full force and effect.

Clause 2.2 of the Agreement shall be deleted in its entirety and replaced with the following:

Clause 6.5 of the Agreement shall be deleted in its entirety and replaced with the following:

Clause 6.1(f)(i) of the Receivables Transfer Agreement shall be amended in its entirety to read as follows:

Savings Clause. If this Article VI or any portion hereof shall be invalidated or held to be unenforceable on any ground by any court of competent jurisdiction, the decision of which shall not have been reversed on appeal, the Company shall nevertheless # indemnify each Indemnified Person as to costs, charges and expenses (including attorneys' fees), judgments, fines and amounts paid in settlement and # advance expenses in accordance with Section 2 of this Article VI, in each case with respect to any Proceeding in connection with which he or she is an Indemnified Person, including an action by or in the right of the Company, to the fullest extent permitted by any applicable portion of this Article VI that shall not have been invalidated or held to be unenforceable and as permitted by applicable law.

In the event that any provision of this Agreement shall be held void or unenforceable by a court of competent jurisdiction which is affirmed on appeal, said judgment shall not affect, impair, or invalidate the remainder of this Agreement unless the provision declared totally or partially unenforceable destroys the release of claims provided to the Company in Section II.

Clause 28.4 (Limitation of responsibility of Existing Lender) shall apply mutatis mutandis in this Clause 2.2 in relation to an Increase Lender as if references in that Clause to:

Clause 8.1 (Mandatory prepayment – illegality), Clause 8.2 (Mandatory prepayment – change of control), sub-clause 8.3.3 of Clause 8.3 (Voluntary prepayment) or Clause 32 (Pro rata sharing);

Savings Clause. If this agreement or any paragraph, sentence, term or provision of this agreement is invalidated on any ground by any court of competent jurisdiction, the Company shall nevertheless indemnify you as to any expenses, liabilities and settlement amounts actually and reasonably incurred by you in connection with any proceeding to the fullest extent permitted by any applicable paragraph, sentence, term or provision of this agreement that has not been invalidated or by any provision of applicable law.