Amendment to Section 1 of the Agreement. 2.01.1. Section 1.38 of the Agreement shall be deleted and replaced with following:
Amendment to Section 1 of the Agreement. (a) The following defined term is hereby added:
Amendment to Section 1 of the Agreement. Section 1 of the Agreement is amended to replace "December 31, 2002" with "December 31, 2005", thereby extending the term of the Agreement to, and defining the Expiration Date as, December 31, 2005.
Amendment to Section 1 of the Agreement. Section 1 of the Agreement is hereby amended as follows:
(a) The definition of “Applicable Prepayment Premium” contained in Section 1.1 of the Agreement is hereby amended by deleting such definition in its entirety and restating it as follows:
Amendment to Section 1 of the Agreement. (a) ORBIMAGE and NTT DATA hereby amend Section 1 of the Agreement by adding the following additional defined terms:
Amendment to Section 1 of the Agreement. Section 1 of the Agreement is hereby amended as of the date hereof by restating it in its entirety, as follows:
Amendment to Section 1 of the Agreement. The definition of Average Compensation in Section 1 of the Agreement is hereby amended to add the following immediately after such section to read as follows:
Amendment to Section 1 of the Agreement. Section 1 of the Agreement is hereby amended and restated in its entirety as follows: “The Company hereby agrees to employ Executive, and Executive agrees to serve the Company, in the capacity indicated above, for the period commencing on January 1, 2007 (the “Employment Date”) and ending on the earlier of (A) December 31, 2009, or (B) the date which is, or would be, the one-year anniversary of the date upon which a new CEO, who shall be Xx. Xxxxxxxx’x successor, commences his employment with the Company (such period, subject to earlier termination as provided herein, being referred to as the “Period of Employment”).”
Amendment to Section 1 of the Agreement. The first sentence of Section 1 of the Agreement is amended to read in its entirety as follows:
Amendment to Section 1 of the Agreement. Section 1 subparagraph (a) is amended by the addition of the following sentence as the second and last sentence of subparagraph (a): “The Service Provider may also negotiate with third parties for Services to be provided pursuant to agreements for the benefit of the Company and affiliates.”
Section 1 subparagraph (b) is amended by the deletion of the first two sentences of subparagraph (b) and the insertion of the following sentence in lieu thereof: “The Service Provider agrees to maintain or arrange for the provision of sufficient facilities and trained personnel of the kind necessary to perform the Services under this Agreement.”
Section 1 is further amended by the addition of the following provision as subparagraph (d) thereof: “Nothing herein shall be deemed to grant the Service Provider an exclusive right to provide Services to the Company to the extent not requested by the Company pursuant to this Agreement, and the Company retains the right to contract with any third party, affiliated or unaffiliated, for the performance of services or for the use of facilities as are available to or have been requested by the Company pursuant to this Agreement. The Service Provider, with the Company’s consent, shall have the right to subcontract with any third party for the performance of Services requested by the Service Provider, provided that the Service Provider shall remain responsible for the performance of such Services by any such subcontractors; and provided further, that the charges for any such Services subcontracted to an affiliate shall be determined in accordance with Section 2 of this Agreement, and shall consist only of the Direct Costs and Indirect Costs incurred by the affiliated subcontractor in rendering the subcontracted Services to the Company.
