definiens: shall mean any of the indep endent accounting firms of Deloitte, Ernst & Young, PricewaterhouseCoopers, KPMG, McGlad rey & Pullen, LLP, Grant Thornton, LLP, BKD - Baird, Kurtz & Dobson, Clifton Gunderson and Ma yer Hoffman McCann, so long as the performance by the applicable accounting firm under this Article 18 would not cause such accounting firm to lose its status as an within the meaning Rule 20l(b ) of Regulation S - X of the Securities and Exchange Commi ssion to either LICENSEE or the OBJECTING PARTY . The OBJECTING PARTY shall select t he ACCOUNTING ARBITRATOR for the applicable dispute under this Article 18 ; p rovided, however, that if a particular accounting firm has served as the ACCOUNTING ARBITRATOR for an immediately preceding dispute under this Article 18, then the OBJECTING PARTY shall sel ect a different accounting firm from the one of the firms named above to serve as the ACCOUNTING ARBITRATOR for the then current dispute under this Article 18 . If none of the liste d accounting firms is qualified, available or willi ng to serve as the ACCOUNTING ARBITRATOR, the OBJECTIN G PARTY will select another firm subject to the reasonable approval of LICENSEE . Not withstanding any provision of Paragraph 8.3b or Paragraph 8.3c of this AGREEMENT to the contrary, the LICENSORS shall not have the right to declare or give notice of a default or breach of th is AGREEMENT by LICENSEE, or terminate this AGREEMENT, as to any dispute or controversy covered by the provisions of this Article 18, and if the auditor determines that LICENSEE underpaid amou nts due to LICENSORS more than once in any twelve - month period, then the provisions of Par agraph 8.3 g shall not apply ; provided, however, that any breach by LICENSEE of its obligations unde r this Article 18, other than any failure to pay any amount determined by the ACCOUNTING ARBITRATOR to be owed to LICENSORS pursuant to the provisions of this Article 18, that is not cured within thirty ( 30 ) days after the rec eipt of written notice by an OBJECTING PARTY, and any fa ilure to pay any amount determined by the ACCOUNTING ARBITRATOR to be owed to LICENSORS pursu ant to the provisions of this Article 18, including any interest payable with res pect to any such amount, within ten ( 10 ) days after any such determination shall entitle the OBJECTING PARTY, on behalf of LICENSORS, to terminate this AGREEMENT without further notice to LICENSEE and without affording LICENSEE a further opportunity to cure such breach or default . ” 13 . The following new Article 19 is hereby added to the Agreement : “ 19