[Section IV].C. of [Schedule 5] of the Capacity Purchase Agreement (Controllable Completion Rate) is hereby amended by adding the following Section 2 to the end thereof:

The Parties hereby agree that the ​ measurement period for purposes of [Section 12.02(b)(x)] (Failure to Maintain Controllable On Time Departures) shall commence with ​

The agreement to subscribe for the PRIMOTOP Shares and to advance the PRIMOTOP Shareholder Loan to the Company, contained in Clause 2, is conditional upon the satisfaction of the following conditions (the “Conditions Precedent”) or their satisfaction subject only to Completion:

The Seller will take all necessary steps which a prudent landlord (acting reasonably) would take in the interests of good estate management to ensure that the confirmations given in Clause 8.1 apply at Completion.

Agreement to Maintain Confidentiality. The Key Holder shall not divulge, use, furnish, disclose or make available to any Person, any confidential, proprietary or trade secret information related to the assets, business or affairs of the Company, the Acquiror or any of their respective Affiliates or Subsidiaries or any of their respective customers, suppliers, licensees or licensors, including without limitation any information concerning pricing practices, marketing plans, market studies, client development plans, business plans, financial data, employee information and technical processes, unique business processes, software, software source codes, data processing, sales information, compensation and finances, cost and pricing information, assets, technology, data, accounting, business methods and practices, computer software and programs, database systems, structures and architecture (and related processes, compositions, improvements, devices, inventions, discoveries, concepts, ideas, designs, methods and information), and any other information that reveals the processes, methodologies, or know-how by which existing or future products or services are developed, conducted, or operated of the Company, Acquiror and their respective Affiliates (hereinafter called, “Confidential Information”), except as required by Law. For the avoidance of doubt, Confidential Information shall include all information in whatever form, including but not limited to all memoranda, notes, plans, records, reports and software and other documents, data and other tangible materials (and copies thereof) containing or relating to Confidential Information, including any such materials prepared by or for Key Holder. Confidential Information shall not include any data or information that is or becomes available to the public other than as a result of a breach of this Agreement, including by the disclosure of Key Holder. Notwithstanding the foregoing, Key Holder may disclose Confidential Information at such times, in such manner and to the extent such disclosure is required by applicable law, provided that Key Holder, # provides Acquiror with prior written notice thereof, # limits such disclosure to what is strictly required and # attempts to preserve the confidentiality of any Confidential Information so disclosed. Nothing in this Agreement reduces any obligation of Key Holder to comply with applicable laws or orders relating to trade secrets, confidential information and unfair competition. At any time as Acquirer may request, Key Holder shall deliver to such Acquirer Company all records containing any Confidential Information that Key Holder may then possess or have under Key Holder’s control.

Duty to Maintain Records. During the term of the Agreement, and for 2 years after its termination or expiration (the “Audit Period”), Company will maintain complete and accurate Relevant Records. The Relevant Records must not contain any false, misleading, incomplete, inaccurate, or artificial entries.

As used in this Agreement, “Confidential Information” shall include all confidential and proprietary information of [[Nucor:Organization]], including, without limitation, any of the following information to the extent not generally known to third persons: financial and budgetary information and strategies; plant design, specifications, and layouts; equipment design, specifications, and layouts; product design and specifications; manufacturing processes, procedures, and specifications; data processing or other computer programs; research and development projects; marketing information and strategies; customer lists; vendor lists; supplier lists; information about customer preferences and buying patterns; information about supplier and vendor preferences and patterns; information about prospective customers, vendors, suppliers or business opportunities; proprietary information with respect to any [[Nucor:Organization]] employees; proprietary information of any customers, suppliers or vendors of [[Nucor:Organization]]; information about [[Nucor:Organization]]’s costs and the pricing structure used in sales to customers or purchases from suppliers or vendors; information about [[Nucor:Organization]]’s overall corporate business strategy; and technological innovations used in [[Nucor:Organization]]’s business, to the extent that such information does not fall within the definition of Secret Information.

“Completion”. Completion means, with respect to any clinical trial, the earlier of the date on which # a final study report is issued that confirms that the efficacy endpoints with respect to such trial support Regulatory Approval in the United States or # TransTech elects to proceed to the next phase of Development without regard to the contents of such final study report.

Completion. A year of Vesting Service shall be deemed completed as of the date in the computation period that the employee completes one thousand (1,000) Hours of Service. (Fractional years of Vesting Service shall not be credited.)

Maintain Property. The Debtor shall at all times maintain, preserve and keep the Collateral, in good repair, working order and condition, normal wear and tear excepted, and shall from time to time make all needful and proper repairs, renewals, replacements, and additions thereto so that at all times the efficiency thereof shall be fully preserved and maintained. The Debtor shall permit the Bank to examine and inspect such Collateral, at all reasonable times.