Tenant’s Space Plans. Landlord and Tenant acknowledge and agree that the plan prepared by the Tl Architect attached hereto as [Schedule 1] (the “Space Plans”) and the Tl specifications attached hereto as [Schedule 2] (the “Tl Specifications”) have been approved by both Landlord and Tenant. Landlord and Tenant further acknowledge and agree that any Changes to the Space Plans or the Tl Specifications requested by Tenant constitute a Change Request the cost of which Changes shall be paid for by Tenant in accordance with Section 5(b) below. Tenant shall be solely responsible, pursuant to the terms of [Section 5fb]) below, for all costs incurred by Landlord to alter the Building (or Landlord’s plans for the Building) as a result of Tenant’s requested Changes. Notwithstanding anything to the contrary contained herein, Landlord is not required to make any Changes requested by Tenant to the Space Plans or the Tl Specifications.

“Confidential Information” includes all confidential and proprietary information of [[Seller: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 or vendor preferences and patterns; information about prospective customers, vendors, suppliers or business opportunities; proprietary information with respect to any [[Seller:Organization]] employees; proprietary information of any customers, suppliers or vendors of [[Seller:Organization]]; information about [[Seller:Organization]]’s costs and the pricing structure used in sales to customers or purchases from suppliers or vendors; information about [[Seller:Organization]]’s overall corporate business strategy; and technological innovations used in [[Seller:Organization]]’s business, to the extent that such information does not fall within the definition of Secret Information.

Operative - conforming in all material respects to performance levels and functional specifications described in the Program Materials and in this Agreement.

If [[Bank of America:Organization]] requests a material change in the Customization specifications prior to acceptance of the Customizations, [[Organization A:Organization]] shall prepare revised specifications within fifteen (15) calendar days reflecting the price effect of [[Bank of America:Organization]]’s request. [[Bank of America:Organization]] shall accept or reject [[Organization A:Organization]]’s proposal within fifteen (15) calendar days after receipt thereof. The Parties shall make any appropriate amendment to the Customization Schedule.

“Certificate of Analysis” means a document prepared by Lonza listing tests performed by Lonza or approved External Laboratories, the Specifications and test results.

“Project” shall mean the development and construction of the Improvements at the Property in accordance with the Plans and Specifications and all Legal Requirements.

modify or supplement the Plans and Specifications (except as provided in paragraph # below) or any permits granted to construct the Improvements in any respect;

The ULSD to be supplied hereunder shall be a regular commercial grade of Ultra-Low Sulfur Diesel and shall comply with the following specifications:

Firewalls. Slate the specifications of the firewalls in use and who manages them. Specify the services, tools and connectivity required to manage the firewalls.

“Support” means any bug fix, patch, repair or update required to enable the Blackbox Technology or BBTR System to operate according to their specifications.