TranSystems Corporation - LGM Construction

If the bold-faced portion of this Construction Change Directive relating to FedEx’s
assertion as to the effect that the changes in the Work should have has been completed, FedEx
shall remit payment to you in accordance with the terms of the Construction Agreement until the
parties resolve any conflict relating to the changes in accordance with Article 26 of the
Construction Agreement as though the change in the Contractor’s Fee reflected in FedEx’s
assertion set forth above, if any, is the change that becomes binding upon the parties as the result
of the use of the procedures set forth in Article 26. If the bold-faced portion of this Construction
Change Directive relating to your assertion as to the effect that the changes in the Work should
have has been completed, but not that portion relating to FedEx’s assertion, FedEx shall remit
payment to you in accordance with the terms of the Construction Agreement until the parties
resolve any conflict relating to the changes in accordance with Article 26 of the Construction
Agreement as though the change in the Contractor’s Fee reflected in your assertion set forth
above, if any, is the change that becomes binding upon the parties as the result of the use of the
procedures set forth in Article 26.
In order to memorialize any agreement that the parties make regarding the terms that
should be applicable to the changes in the Work described above or as part of the conclusion of
the proceedings described in Article 26, whichever is applicable, the parties shall execute a
Change Order setting out the applicable terms in the form of Exhibit D-1 to the Construction
Agreement.
The terms used in this Construction Change Directive will have the meanings given to
those terms in the Construction Agreement.
_______________________________ FEDERAL EXPRESS CORPORATION
By: By:
Title: Title:
Date: Date:
D-2-4