5.3 Any failure or delay in exercising any right, power or privilege in respect of this First
Amendment will not be presumed to operate as a waiver thereof.
5.4 This First Amendment shall be governed by the law (and not the law of conflicts) of the State of
New York.
5.5 This First Amendment may be executed and delivered in counterparts (including by facsimile or
email transmission), each of which will be deemed an original.
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CONFIDENTIAL — PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0 110653
CONFIDENTIAL SDNY_GM_00256837
EFTA01453179