Unreimbursed medical expenses described in [section 213(d)] of the IRC previously incurred by the Member, the Member’s spouse, Beneficiary, children or any dependents of the Member (as defined in [section 152] of the IRC determined without regard to [[subsections 152(b)(1), 152(b)(2), or 152(d)(1)(b)])])]])])]) or necessary for these persons to obtain medical care described in [section 213(d)] of the IRC;

Any other provision of the Plan notwithstanding, this [Article 18] shall apply to any Plan Year in which the Plan is a Top-Heavy Plan. The Plan shall be considered a “Top-Heavy Plan” for a Plan Year if, as of the Determination Date for such Plan Year, the Top-Heavy Ratio for the Aggregation Group exceeds 60 percent.

Use of 4th Floor Patios. Lessee shall be entitled to use the 4th floor patios for no additional rent. Notwithstanding the foregoing, Lessee is aware and acknowledges that all costs associated with the operation and maintenance of said patios will constitute Basic Costs, which are allocable to all tenants, including Lessee, as Additional Rent pursuant to [Article IV] of the Lease.

For purposes of this Agreement, the term “A.M. Castle’s Business” shall mean any business in which Employer or any of its subsidiaries is engaged, including, without limitation, the business of distributing specialty metals to customers within the producer durable equipment, aerospace, heavy industrial equipment, industrial goods, construction equipment, oil and gas, and retail sectors in the Restricted Area (as defined below). In this business, Employer generates a tremendous volume of Confidential Information and Trade Secrets, which it hereby agrees to share with Employee, and which Employee will have access to and knowledge of through or as a result of Employee’s employment with Employer. “Confidential Information and Trade Secrets” includes any information, data or compilation of information or data developed, acquired

marketing techniques or plans and customer consumption data, usage or load data, and any other

Rights Personal to Original Tenant. Tenant’s rights under this Paragraph 38 are personal to the Original Tenant (and its Permitted Transferee), and shall not be transferable or assignable, whether voluntarily or involuntarily, whether by operation of law or otherwise, either in connection with an assignment of this Lease (other than to a Permitted Assignee) or a sublease of all or part of the Premises (other than to a Permitted Transferee). Any purported transfer of any license hereunder (other than to a Permitted Transferee) shall be void and a material default under this Lease. If a Transferee of Tenant’s requires Rooftop Equipment for its operations, Landlord shall not unreasonably withholds its consent to the installation of the Rooftop Equipment by such Transferee so long as # the Rooftop Equipment required by the Transferee together with all other Rooftop Equipment installed by Tenant are located within the License Area and will not exceed the roof load limitations, # there is sufficient Cable Path for the Connections required for the Transferee’s Rooftop Equipment, and # Tenant and Transferee comply with all other provisions of this Paragraph 38 and the Rooftop Work Rules and Regulations.

The Base Building HVAC system shall perform per the following specifications with an occupancy of one person per 100 “usable” (as hereinafter defined) sq. ft. and an electrical load of 4 watts actual demand per usable sq. ft. (usable area for single tenant floors shall be based on The Real Estate Board of New York, Inc. Recommended Method of Floor Measurement for Office Buildings Effective ​; usable area for multiple tenant floors shall be based on the above method for determining usable area for single tenant floors, prorated based upon the rentable area leased by Tenant):

Top-heavy vesting schedule. For any Top-Heavy Plan Year, the minimum top-heavy vesting schedule elected by the Employer in [Appendix A] to the Adoption Agreement (Special Effective Dates and Other Permitted Elections) will automatically apply to the Plan. The minimum top-heavy vesting schedule applies to all benefits within the meaning of Code §411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code §416 and benefits accrued before the Plan became top-heavy. Further, no decrease in a Participant's Vested percentage shall occur in the event the Plan's status as top-heavy changes for any Plan Year. However, this Subsection does not apply to the Account balances of any Employee who does not have an Hour of Service after the Plan has initially become top-heavy and the Vested percentage of such Employee's Participant's Account

Nondiscrimination and coverage. All of the separate tests listed in [Section 14.5(a)]. (2) Top-heavy. Application of the top-heavy rules in [Article IX].

Top-heavy minimum allocation. The Administrator shall determine the amount of any required top-heavy minimum allocation separately for that separate plan under [Section 4.3(f)]; and