Terms; Captions. The words "Landlord" and "Tenant" as used herein shall include the plural as well as the singular. The necessary grammatical changes required to make the provisions hereof apply either to corporations or partnerships or individuals, men or women, as the case may require, shall in all cases be assumed as though in each case fully expressed. The captions of Articles and Sections are for convenience only and shall not be deemed to limit, construe, affect or alter the meaning of such Articles and Sections.

Captions. The captions and headings appearing herein are for included solely for convenience of reference and are not intended to affect the interpretation of any provision of this Agreement.

Captions. Section captions used in this Second Amendment are for convenience only, and shall not affect the construction of this Second Amendment.

Captions. The caption headings of the sections of this Warrant Agreement are for convenience of reference only and are not intended, nor should they be construed as, a part of this Warrant Agreement and shall be given no substantive effect.

Captions. The captions of the sections of the Plan are for convenience only and shall not control or affect the meaning or construction of any of its provisions.

Captions; Section Headings. Captions and section headings used herein are for convenience only and are not a part of this Release and shall not be used in construing it.

Terms. All capitalized terms not defined herein shall have the meaning given to them in the Development Agreement.

Terms. The Committee may establish an Individual Award Opportunity for any Participant or group of Participants other than the Chief Executive Officer. The independent directors of the Board shall establish the Individual Award Opportunity for the Chief Executive Officer and, where applicable to the Chief Executive Officer, all references in this [Section 5] to the “Committee” shall be deemed to refer to the independent directors of the Board.

Terms. The exercise price per Share of a Stock Appreciation Right shall be an amount determined by the Committee but in no event shall such amount be less than the Fair Market Value of a Share on the date the Stock Appreciation Right is granted; provided, however, that notwithstanding the foregoing in the case of a Stock Appreciation Right granted in conjunction with an Option, or a portion thereof, the exercise price may not be less than the Option Price of the related Option. Each Stock Appreciation Right granted independent of an Option shall entitle a Participant upon exercise to an amount equal to # the excess of # the

Terms. For purposes of this [Section 11], the terms “employee”, “consultant”, “agent”, and “independent contractor” shall include any Persons with such status at any time during the three (3) months preceding any solicitation in question.