Subparagraphs. 1(g) and 1(h) shall not apply when the requirement is imposed or the commitment or undertaking is enforced by a court of justice, administrative tribunal or competition authority to remedy an alleged violation of competition laws.
Subparagraphs. (a) and (b) of paragraph 4 of Article 4 of the Agreement shall be deleted and replaced by the following subparagraphs (a), (b) and (c):
Subparagraphs. 5(a)(ii), 5(b)(i) and 5(d)(v) are hereby deleted in their entirety.
Subparagraphs. 5.1 (b) and (c) be and are hereby deleted in their entirety and replaced with the following: Cash Payments
Subparagraphs. (a) and (b) of paragraph 4 of Article 4 of the Agreement shall be deleted and replaced by the following subparagraphs (a), (b) and (c):
(a) it carries on supervisory activities in that other Contracting State for more than six months in connection with a building site, or a construction, installation or assembly project which is being undertaken, in that other Contracting State; or
(b) substantial equipment is in that other Contracting State being used or installed by, for or under contract with the enterprise; or
(c) it furnishes services, including consultancy services, through employees or other personnel engaged by the enterprise for such purpose, within the other Contracting State for a period or periods aggregating more than 183 days within any twelve-month period commencing or ending in the year of income concerned or the basis period for the year of assessment, as the case may be.”
Subparagraphs. 1 (f) and (l) do not apply when:
(a) the requirement is imposed or enforced, or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after judicial or administrative process to be a violation of competition law;
(b) a Party authorises the use of an intellectual property right in accordance with Article 31 or Article 31bis of the TRIPS Agreement, or adopts or maintains measures requiring the disclosure of data or proprietary information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of the TRIPS Agreement.
Subparagraphs. (i) of Paragraph 2.1, (e) of Paragraph 5.1, (d) of Paragraph 5.2 and (b) of Paragraph 7.1 are amended by replacing the words "January 16, 1995" with the words "January 24, 1996".
Subparagraphs. (1) and (2) of Section 801 of the Indenture are hereby amended and restated in their entirety as follows:
(1) in case the Company shall consolidate with or merge into another Person or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, the entity formed by such consolidation or into which the Company is merged or the Person which acquires by conveyance or transfer, or which leases, the properties and assets of the Company as an entirety or substantially as an entirety shall be a Corporation organized and existing under the laws of the United States of America, any state thereof or the District of Columbia and shall expressly assume, by an indenture (or indentures, if at such time there is more than one Trustee) supplemental hereto, executed by the successor Person and delivered to the Trustee, in form satisfactory to the Trustee, the due and punctual payment of the principal of, any premium and interest on and any Additional Amounts with respect to, all the Securities and the performance of every other covenant of this Indenture on the part of the Company to be performed or observed;
(2) immediately after giving effect to such transaction, no Event of Default or event which, after notice or lapse of time, would become an Event of Default, shall have occurred and be continuing; and".
Subparagraphs. (a) (1) - (a) (3) of paragraph 3 of the Agreement shall be replaced with the following language:
(1) Two Hundred Fifty Thousand Dollars ($250,000) for the period September 15, 1997 through May 31, 1998; 3(a)(2) Three Hundred Thousand Dollars ($300,000) for the period June 1, 1998 through May 31, 1999; Three Hundred Thousand Dollars for the period June 1, 1999 through May 31, 2000; and Three Hundred Fifteen Thousand Dollars ($315,000) for the period June 1, 2000 through May 31, 2001;
(3) If FKW extends the Employment Period for one additional year as set forth in paragraph 1 hereof, Three Hundred Thirty Thousand Dollars ($330,000) for the period June 1, 2001 through May 31, 2002.
(4) If FKW extends the Employment Period for one additional year as set forth in paragraph 1 hereof, Three Hundred Thirty Thousand Dollars ($330,000) for the period June 1, 2002 through May 31, 2003.
Subparagraphs. (a) are hereby deleted and the following are substituted in their place.
(a) Tenant covenants and agrees to pay Landlord, at Landlord's office or such other place designated by Landlord, without any prior demand and without any deduction or setoff whatsoever, as annual rent ("Basic Rent") for the first two lease years of the Term, as follows:
(i) For the first lease year, at the rate of $16.50 per square foot for 27,000 gross rentable square feet, subject to field measurement, equaling the amount of Four Hundred Forty-five Thousand Five Hundred Dollars ($445,500.00) payable in advance, on or before the first day of each month during the first lease year of the term, in equal monthly installments of Thirty-Seven Thousand One Hundred Twenty-Five Dollars ($37,125.00) each;
(ii) For the second lease year, Basic Rent at the rate of $17.00 per square foot, equalling, subject to field measurement of the Premises (38,000 gross rentable square feet), the amount of Six Hundred Forty-Five Thousand Eight Hundred Ten Dollars ($645,810.00), payable in advance, on or before the first day of each month of the second lease year, in equal monthly installments of Fifty- Three Thousand Eight Hundred Seventeen Dollars and Fifty Cents ($53,817.50) each; In the event Landlord commences proceedings for nonpayment of rent, Tenant will not interpose any counterclaim of whatsoever nature or description in any such proceeding except as such may be required by law to be interposed or forever lost. This shall not, however, be construed in any way as a waiver of Tenant's right to assert such claims in any separate action or actions brought by Tenant.
(b) Beginning with the third lease year and for each lease year thereafter, the Basic Rent payable shall be increased by Three Percent (3%) over the prior year's Basic Rent.
