Definitions. Capitalized terms used but not defined herein shall have the meaning provided in the Agreement.
The definition of “Designated Train” is amended by deleting such definition in its entirety and the following definition is inserted in lieu thereof:
All of (i) the definitions of “Bridging Period”, “Bridging Start Date”, “Bridging Volume” and “Prorated Bridging Volume” in the Agreement, and (ii) Section 4.6 (Bridging Volumes) of the Agreement, are deleted in their entirety, and the table of contents shall be amended accordingly.
Section 4.2.1 of the Agreement is amended by deleting such Section in its entirety and the following Section 4.2.1 is inserted in lieu thereof:
Section 4.5(a) of the Agreement is amended by deleting such Section in its entirety and the following Section 4.5(a) is inserted in lieu thereof:
Section 5.1.4 of the Agreement is amended by deleting such Section in its entirety and the following Section 5.1.4 is inserted in lieu thereof:
Force and Effect. All provisions of the Agreement not specifically amended hereby shall remain in full force and effect.
Further Assurances. Each Party hereby agrees to take all such action as may be necessary to effectuate fully the purposes of this Amendment, including causing this Amendment or any document contemplated herein to be duly registered, notarized, attested, consularized and stamped in any applicable jurisdiction.
Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of New York (United States of America) without regard to principles of conflict of laws that would specify the use of other laws.
Confidentiality; Dispute Resolution; Immunity. The provisions of Section 19 (Confidentiality), Section 21.1 (Dispute Resolution), and Section 21.4 (Immunity) of the Agreement shall apply in this Amendment as if incorporated herein mutatis mutandis on the basis that references therein to the Agreement are to this Amendment.
Entire Agreement. The Agreement, as amended by this Amendment, constitutes the entire agreement between the Parties, and includes all promises and representations, express or implied, and supersedes all other prior agreements and representations, written or oral, between the Parties relating to the subject matter thereof.
Amendments and Waiver. This Amendment may not be supplemented, amended, modified or changed except by an instrument in writing signed by all Parties. A Party shall not be deemed to have waived any right or remedy under this Amendment by reason of such Party’s failure to enforce such right or remedy.
Successors. The terms and provisions of this Amendment shall inure to the benefit of and shall be binding upon the Parties and their respective successors and permitted assigns.
Severability. If a court of competent jurisdiction or arbitral tribunal determines that any clause or provision of this Amendment is void, illegal, or unenforceable, the other clauses and provisions of the Amendment shall remain in full force and effect and the clauses and provisions which are determined to be void, illegal, or unenforceable shall be limited so that they shall remain in effect to the maximum extent permissible by law.
No Third Party Beneficiaries. Except as expressly contemplated by the Agreement, nothing in this Amendment shall entitle any party other than the Parties to this Amendment to any claim, cause of action, remedy or right of any kind.
Counterparts. This Amendment may be executed by signing the original or a counterpart thereof (including by facsimile or email transmission). If this Amendment is executed in counterparts, all counterparts taken together shall have the same effect as if the undersigned parties hereto had signed the same instrument.