FairPoint Communications 2005 Annual Report Download - page 182

interest in and to, or the validity of, any of the FCC Licenses or other governmental authorizations;
(ix) not materially change any policies or procedures with respect to the classification or treatment of disconnects or the granting of
adjustments to subscriber accounts;
(x) maintain levels and types of Inventory in the ordinary course of business consistent with past practice, and not capitalize the
costs of cellular handsets or accessories or any marketing, advertising or similar costs related to the acquisition of subscribers;
(xi) not terminate, amend, modify or waive any terms or conditions of any agreement, contract or commitment for roaming services
(including, without limitation, the agreements, contracts or commitments with Roaming Partners) or fail to perform, enforce, or exercise any material
rights or obligations thereunder; and,
(xii) [****](8)
(b) Insurance. SICC and each Subsidiary shall maintain in full force and effect its insurance policies with the coverage and in the amounts set
forth on Schedule 2.16.
(c) Claims. SICC shall promptly notify Buyer of any actions, lawsuits or investigations that may be commenced against it or a Subsidiary
and any material claims or complaints that may be lodged or Threatened against it or a Subsidiary or that otherwise come to the Knowledge of SICC and each
Shareholder.
(d) Supplement. From time to time prior to the Closing Date, SICC and the Shareholders shall promptly notify Buyer of any changes with
respect to the information set forth in this Agreement or the Schedules hereto and of any matters hereafter arising which, if in existence at the date hereof, would
have been required to be set forth in this Agreement or the Schedules hereto. No information provided to Buyer pursuant to this Section 6.1(d) shall be deemed
to constitute a change, modification or amendment of any representation or warranty herein or Schedule hereto or any other provision contained in this
Agreement unless such updated information shall be acceptable to Buyer in its sole discretion and such acceptance is expressly set forth in a written
amendment to this Agreement or the relevant Schedule pursuant to Section 12.1 hereof. Such amendment shall, except to the extent otherwise expressly set forth
therein, be deemed a waiver by Buyer of any breach of any such representation, warranty or other provision to which such update relates.
6.2 Amendments. No change or amendment shall be made to the Certificates of Incorporation or Bylaws of SICC or any Subsidiaries, or
shall be agreed to by SICC, any Subsidiary or any Shareholder with respect to the governing documents of any other Cellular
(8) Material omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Exchange Act of 1934. Material filed separately with the Securities
and Exchange Commission.
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