Common use of Year 2000 Representation Clause in Contracts

Year 2000 Representation. On the basis of a comprehensive review and assessment of Lessee's systems and equipment and inquiry made of Lessee's material suppliers, vendors and customers, Lessee's management is of the view that the "Year 2000 problem" (that is, the inability of computers, as well as embedded microchips in non-computing devices, to perform properly date-sensitive functions with respect to certain dates prior to and after December 31, 1999), including costs of remediation, will not result in a material adverse change in the operations, business, properties, condition (financial or otherwise) of Lessee. Lessee has developed feasible contingency plans adequately to insure uninterrupted and unimpaired business operation in the event of failure of its own or a third party's systems or equipment due to the Year 2000 problem, including those of vendors, customers, and suppliers, as well as a general failure of or interruption in its communications and delivery infrastructure. The parties hereto have executed this Appendix as of the day and year first above written. TRANSIT HOLDING, INC. TAG MEX, INC. By: /s/ [ILLEGIBLE] By: /s/ [ILLEGIBLE] ----------------------------- ----------------------------- Title: Vice President Title: Chief Operating Officer -------------------------- -------------------------- By: By: ----------------------------- ----------------------------- Title: Title: -------------------------- -------------------------- Address: ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇ Attn: Contract Administration Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ EXHIBIT A TO LEASE INTENDED AS SECURITY -------------------------- ACCEPTANCE CERTIFICATE NO. ------------------------------ Reference is made to the Lease Intended as Security dated as of November 3, 1999 between TRANSIT HOLDING, INC., as Lessor, TAG MEX, INC., as Lessee (together with Appendix No. __ thereto dated ______________ 19__, the "Lease"); capitalized terms otherwise defined herein having the same meanings as in the Lease). The Lease is incorporated herein by reference.

Year 2000 Representation. On the basis of a comprehensive review and assessment of Lessee's systems and equipment and inquiry made of Lessee's material suppliers, vendors and customers, Lessee's management is of the view that the "Year 2000 problem" (that is, the inability of computers, as well as embedded microchips in non-computing devices, to perform properly date-sensitive functions with respect to certain dates prior to and after December 31, 1999), including costs of remediation, will not result in a material adverse change in the operations, business, properties, condition (financial or otherwise) of Lessee. Lessee has developed feasible contingency plans adequately to insure uninterrupted and unimpaired business operation in the event of failure of its own or a third party's systems or equipment due to the Year 2000 problem, including those of vendors, customers, and suppliers, as well as a general failure of or interruption in its communications and delivery infrastructure. The parties hereto have executed this Appendix as of the day and year first above written. TRANSIT HOLDING, INC. TAG MEX, INC. By: /s/ [ILLEGIBLE] By: /s/ [ILLEGIBLE] ----------------------------- ----------------------------- --------------------------- --------------------------- Title: Vice President Title: Chief Operating Officer -------------------------- -------------------------- ------------------------ ------------------------ By: By: ----------------------------- ----------------------------- --------------------------- --------------------------- Title: Title: -------------------------- -------------------------- ------------------------ ------------------------ Address: ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇ Attn: Contract Administration Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ EXHIBIT A Lease No. 16501 FIRST AMENDMENT TO LEASE INTENDED AS SECURITY -------------------------- ACCEPTANCE CERTIFICATE NO. ------------------------------ Reference is made entered into as of November 23, 1999 by and between TRANSIT HOLDING, INC., with its principal office at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ("Lessor") and TAG MEX, INC., a California corporation ("Lessee") with reference to the following: Lessor and Lessee have entered into Appendix No. 1 dated November 3, 1999, to Lease Intended as As Security Agreement dated as of November 3, 1999 between TRANSIT HOLDING, INC., as Lessor, TAG MEX, INC., as Lessee (together with Appendix No. __ thereto dated ______________ 19__together, the "Lease"); capitalized all defined terms therein not otherwise defined herein having the same being used with their meanings as in defined therein); and Lessor and Lessee now desire to amend the Lease). The Lease is incorporated herein by reference.as hereinafter set forth: