AND CONDITIONS OF THIS AMENDMENT AND THE TERMS AND CONDITIONS OF THE LOAN
DOCUMENTS OR OTHER AGREEMENTS, THE TERMS AND CONDITIONS OF THIS AMENDMENT SHALL
PREVAIL.
ALL TERMS AND CONDITIONS OF THE LOAN DOCUMENTS OR OTHER AGREEMENTS NOT
INCONSISTENT HEREWITH SHALL REMAIN IN FULL FORCE AND EFFECT AND ARE HEREBY
RATIFIED AND CONFIRMED BY BORROWERS.
27.
BINDING EFFECT.
THIS AMENDMENT AND ALL RIGHTS AND POWERS GRANTED
HEREBY WILL BIND AND INURE TO THE BENEFIT OF THE PARTIES HERETO AND THEIR
RESPECTIVE PERMITTED SUCCESSORS AND ASSIGNS.
28.
SEVERABILITY.
THE PROVISIONS OF THIS AMENDMENT AND ALL OTHER LOAN
DOCUMENTS OR OTHER AGREEMENTS ARE DEEMED TO BE SEVERABLE, AND THE INVALIDITY OR
UNENFORCEABILITY OF ANY PROVISION SHALL NOT AFFECT OR IMPAIR THE REMAINING
PROVISIONS WHICH SHALL CONTINUE IN FULL FORCE AND EFFECT.
29.
NO THIRD PARTY BENEFICIARIES.
THE RIGHTS AND BENEFITS OF THIS
AMENDMENT, THE LOAN DOCUMENTS AND THE OTHER AGREEMENTS SHALL NOT INURE TO THE
BENEFIT OF ANY THIRD PARTY.
30.
MODIFICATIONS.
NO MODIFICATIONS OF THIS AMENDMENT, ANY OF THE LOAN
DOCUMENTS OR ANY OF THE OTHER AGREEMENTS SHALL BE BINDING OR ENFORCEABLE UNLESS
IN WRITING AND SIGNED BY OR ON BEHALF OF THE PARTY AGAINST WHOM ENFORCEMENT IS
SOUGHT.
31.
HOLIDAYS.
IF THE DAY PROVIDED HEREIN FOR THE PAYMENT OF ANY AMOUNT
OR THE TAKING OF ANY ACTION FALLS ON A SATURDAY, SUNDAY OR PUBLIC HOLIDAY AT THE
PLACE FOR PAYMENT OR ACTION, THEN THE DUE DATE FOR SUCH PAYMENT OR ACTION WILL
BE THE NEXT SUCCEEDING BUSINESS DAY.
32.
LAW GOVERNING. THIS AMENDMENT HAS BEEN MADE, EXECUTED AND DELIVERED
IN THE COMMONWEALTH OF PENNSYLVANIA AND WILL BE CONSTRUED IN ACCORDANCE WITH AND
GOVERNED BY THE LAWS OF SUCH COMMONWEALTH, WITHOUT REGARD TO ANY RULES OR
PRINCIPLES REGARDING CONFLICTS OF LAW OR ANY RULE OR CANON OF CONSTRUCTION WHICH
INTERPRETS AGREEMENTS AGAINST THE DRAFTSMAN.
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33.
HEADINGS.
THE HEADINGS OF THE ARTICLES, SECTIONS, PARAGRAPHS AND
CLAUSES OF THIS AMENDMENT ARE INSERTED FOR CONVENIENCE ONLY AND SHALL NOT BE
DEEMED TO CONSTITUTE A PART OF THIS AMENDMENT.
34.
COUNTERPARTS; FACSIMILE SIGNATURES.
THIS AMENDMENT MAY BE EXECUTED
IN ANY NUMBER OF COUNTERPARTS, ALL OF WHICH TAKEN TOGETHER CONSTITUTE ONE AND
THE SAME INSTRUMENT, AND ANY OF THE PARTIES HERETO MAY EXECUTE THIS AMENDMENT BY
SIGNING ANY SUCH COUNTERPART.
ANY SIGNATURE DELIVERED VIA FACSIMILE SHALL BE
DEEMED AN ORIGINAL SIGNATURE HERETO.
35.
WAIVER OF RIGHT TO TRIAL BY JURY.
EACH BORROWER AND LENDER EACH
HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING WHICH
PERTAINS DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, ANY OF THE OTHER AGREEMENTS,
THE LIABILITIES, THE COLLATERAL, ANY ALLEGED TORTIOUS CONDUCT BY ANY BORROWER OR
LENDER OR WHICH, IN ANY WAY, DIRECTLY OR INDIRECTLY, ARISES OUT OF OR RELATES TO
THE RELATIONSHIP BETWEEN BORROWERS AND LENDER.
IN NO EVENT SHALL LENDER BE
LIABLE FOR LOST PROFITS OR OTHER SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment,
intending to be