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200806452 waive any other breach of this Agreement. No waiver by either party of any breach by the other party of any of the provisions of this Agreement shall be constmed as a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement. In view of the assignment of the Issuer's rights in and under this Agreement to the Tmstee under the Indenture, the Issuer shall have no power to waive any default hereunder by the Company without the consent of the Tmstee. Any waiver of any "Event of Default" under the Indenture and a rescission and annulment of its consequences shall constitute a waiver of the corresponding Event of Default hereunder and a rescission and annulment of the consequences thereof. (c) Headings of the Sections of this Agreement have been inserted for convenience of reference only and in no way shall they affect the interpretation of any of the provisions of this Agreement. (d) This Agreement is made for the exclusive benefit of the Issuer, the Tmstee, the owners of the Bonds and the Company, and their respective successors and assigns herein permitted, and not for any third party or parties; and nothing in this Agreement, expressed or implied, is intended to confer upon any party or parties other than the Issuer, the Trustee and the Company, and their respective successors and assigns herein permitted, any rights or remedies under or by reason of this Agreement. In particular, but not by way of limitation, the Trustee shall be a third-party beneficiary for purposes of enforcing its rights and the Company's obligations under Sections 6.08 and 8.03(b) and (c) of this Agreement as fully as if the Tmstee had been a party in privity of contract with the Company hereunder. Section 11.02. Financial Statements. The Company shall furnish to the Tmstee as soon as available and in any event within 120 days after the end of its fiscal year (currently December 3 I) a balance sheet of the Company and its consolidated subsidiaries as of the end of such fiscal year and the related statements of income, cash flows and change in stockholder's equity for such fiscal year, all prepared in accordance with GAAP and reported on by an Accountant whose report shall state that such financial statements present fairly the Company's financial position as of the end of such fiscal year and the results of operations and cash flows for such fiscal year. Notwithstanding the foregoing, if and when and so long as the Company shall file regular and periodic reports with the SEC pursuant to Sections 13 and 15 of the Securities Exchange Act of 1934, the delivery by the Company to the Tmstee of copies of its reports on Form lO-K promptly following filing thereof with the SEC shall constitute full compliance with this Section 11.02. The Tmstee is authorized to provide to any Bondholder, upon written request and payment of all costs by such Bondholder, copies of any of such financial statements and reports but the Trustee shall have no other responsibility with respect thereto. Section 11.03. Amendment of Agreement. No amendment, change, addition to or waiver of any of the provisions of this Agreement shall be binding upon the parties hereto unless in writing signed by the Authorized Company Representative and the Authorized Issuer Representative, and acknowledged in writing by the Trustee, if any. Notwithstanding any of the foregoing, it is covenanted and agreed, for the benefit of the holders of the Bonds and the Trustee that the provisions of this Agreement shall not be amended, changed, added to or waived in any way which would relieve, reduce or abrogate the obligations of the Company to make or pay, or 4834-8191-0786.7 54