Common use of Modifications and Additions for This Schedule Only Clause in Contracts

Modifications and Additions for This Schedule Only. For purposes of this Schedule only, the Agreement is amended as follows: 1. The INDEMNIFICATION Section subsection (b) of the Lease is hereby amended by deleting the word “and” immediately preceding “(ii)” on the second line thereof and inserting the following at the end thereof: ; (iii) each item of Equipment constitutes “qualified property” pursuant to Section 168(k) of the Internal Revenue Code of 1986, as now and hereafter amended (the “Code”), and is eligible for the additional first-year depreciation deduction equal to (A) thirty percent (30%) or (B) fifty percent (50%) of 100% of the Capitalized Lessor’s Cost of the Equipment contemplated by the Code, whichever is applicable; (iv) the Equipment shall be treated as originally placed in service not earlier than the date of the execution and delivery of this Schedule, or in the event the transaction is a sale-leaseback transaction, Lessee shall not have placed in service the Equipment subject to this Lease at any time prior to three months before the execution and delivery of this Schedule; (v) Lessee [****] Omitted pursuant to a request for confidential treatment and filed separately with the Commission. has not arranged to purchase, and Lessor is not purchasing the Equipment pursuant to a binding written contract entered into before September 11, 2001, if clause (iii) (A) above applies, or not before May 06, 2003, if clause (iii) (B) above applies, and (vi) each item of Equipment shall be placed in service before January 1, 2005.

Modifications and Additions for This Schedule Only. For purposes of this Schedule only, the Agreement is amended as follows: 1. The INDEMNIFICATION Section subsection (b) of the Lease is hereby amended by deleting the word “and” immediately preceding “(ii)” on the second line thereof and inserting the following at the end thereof: ; (iii) each item of Equipment constitutes “qualified property” pursuant to Section 168(k) of the Internal Revenue Code of 1986, as now and hereafter amended (the “Code”), and is eligible for the additional first-year depreciation deduction equal to (A) thirty percent (30%) or (B) fifty percent (50%) of 100% of the Capitalized Lessor’s Cost of the Equipment contemplated by the Code, whichever is applicable; (iv) the Equipment shall be treated as originally placed in service not earlier than the date of the execution and delivery of this Schedule, or in the event the transaction is a sale-leaseback transaction, Lessee shall not have placed in service the Equipment subject to this Lease at any time prior to three months before the execution and delivery of this Schedule; (v) Lessee [****] Omitted pursuant to a request for confidential treatment and filed separately with the Commission. has not arranged to purchase, and Lessor is not purchasing the Equipment pursuant to a binding written contract entered into before September 11, 2001, if clause (iii) (A) above applies, or not before May 06, 2003, if clause (iii) (B) above applies, and (vi) each item of Equipment shall be placed in service before January 1, 2005. 2. The LEASING Section subsection (b) of the Lease is hereby deleted in its entirety and the following substituted in its stead:

Modifications and Additions for This Schedule Only. For purposes of this Schedule only, the Agreement is amended as follows: 1. The INDEMNIFICATION Section subsection (b) of the Lease is hereby amended by deleting the word “and” immediately preceding “(ii)” on the second line thereof and inserting the following at the end thereof: ; (iii) each item of Equipment constitutes “qualified property” pursuant to Section 168(k) of the Internal Revenue Code of 1986, as now and hereafter amended (the “Code”), and is eligible for the additional first-year depreciation deduction equal to (A) thirty percent (30%) or (B) fifty percent (50%) of 100% of the Capitalized Lessor’s Cost of the Equipment contemplated by the Code, whichever is applicable; (iv) the Equipment shall be treated as originally placed in service not earlier than the date of the execution and delivery of this Schedule, or in the event the transaction is a sale-leaseback transaction, Lessee shall not have placed in service the Equipment subject to this Lease at any time prior to three months before the execution and delivery of this Schedule; (v) Lessee [****] Omitted pursuant to a request for confidential treatment and filed separately with the Commission. has not arranged to purchase, and Lessor is not purchasing the Equipment pursuant to a binding written contract entered into before September 11, 2001, if clause (iii) (A) above applies, or not before May 06, 2003, if clause (iii) (B) above applies, and (vi) each item of Equipment shall be placed in service before January 1, 2005.

Modifications and Additions for This Schedule Only. For purposes of this Schedule only, the Agreement is amended as follows: 12. The INDEMNIFICATION Section subsection (b) of the Lease is hereby amended by deleting the word “and” immediately preceding “(ii)” on the second line thereof and inserting the following at the end thereof: ; (iii) each item of Equipment constitutes “qualified property” pursuant to Section 168(k) of the Internal Revenue Code of 1986, as now and hereafter amended (the “Code”), and is eligible for the additional first-year depreciation deduction equal to (A) thirty percent (30%) or (B) fifty percent (50%) of 100% of the Capitalized Lessor’s Cost of the Equipment contemplated by the Code, whichever is applicable; (iv) the Equipment shall be treated as originally placed in service not earlier than the date of the execution and delivery of this Schedule, or in the event the transaction is a sale-leaseback transaction, Lessee shall not have placed in service the Equipment subject to this Lease at any time prior to three months before the execution and delivery of this Schedule; (v) Lessee [****] Omitted pursuant to a request for confidential treatment and filed separately with the Commission. has not arranged to purchase, and Lessor is not purchasing the Equipment pursuant to a binding written contract entered into before September 11, 2001, if clause (iii) (A) above applies, or not before May 06, 2003, if clause (iii) (B) above applies, and (vi) each item of Equipment shall be placed in service before January 1, 2005.