Incorporation by Reference. The recitals, exhibits, schedules and documents referred to in this Agreement are incorporated herein for all purposes.

To the extent not otherwise provided herein and to the extent inconsistent with the provisions hereof and except as prohibited by applicable regulations under the IRC, the applicable limitations on contributions under [section 415] of the IRC and the final regulations issued April 5, 2007 thereunder, are incorporated by reference and shall control over any contrary or omitted provisions in the Plan.

Incorporation by Reference. [Sections 7.3-7.6, 7.9, and 7.13]3]3]3] of the Series G Preferred Stock Purchase Agreement, dated January 30, 2014 (as supplemented or amended from time to time), among [[Organization A:Organization]] and the investors listed in the Schedule of Investors attached as [Exhibit A] thereto, are incorporated by reference into this Agreement, except that any reference to # the “Agreement” shall be deemed a reference to this “Letter Agreement”, # the “Company” shall be deemed a reference to [[Organization A:Organization]], and # the “Investor(s)” shall be deemed a reference to GF.

An agreement to be signed by the Neutral Arbitrator, the form of which agreement shall be attached as an exhibit to the Arbitration Agreement, whereby the Neutral Arbitrator shall agree to undertake the arbitration and render a decision in accordance with the terms of this Lease, as modified by the Arbitration Agreement, and shall require the Neutral Arbitrator to demonstrate to the reasonable satisfaction of the parties that the Neutral Arbitrator has no conflicts of interest with either ​ or ​;

Neutral Arbitrator 6

Neutral Arbitrator....................................................................................................................... 11

Neutral Construction of Agreement.

Definitions. The following terms shall have the meanings set forth on this Appendix A whenever used in the Plan. Except when otherwise indicated by context, reference to the masculine gender shall also include, when used, the feminine gender and the neutral gender and vice versa, and any term used in the singular shall also include the plural.

the Tender Neutral Loyalty Program.

“Neutral Threshold”: with respect to each calendar year, the number or percentage set forth in [Schedule 6.2] (Sustainability Performance Thresholds) in the row labeled “Neutral Threshold” for the applicable Key Performance Indicator for the applicable calendar year.