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EXHIBIT 10.39B
Addendum No. 2
Contract No. MA/CCF-478
ADDENDUM TO
MARITIME ADMINISTRATION
CAPITAL CONSTRUCTION FUND AGREEMENT
WITH
NATIONAL STEEL AND SHIPBUILDING COMPANY
This Addendum is made by and between the Maritime Administrator (the
"Administrator"), and National Steel and Shipbuilding Company, a citizen of the
United States (the "Party"), as an addendum to that certain Capital
Construction Fund ("CCF") Agreement Contract No. MA/CCF-478 (the "Agreement").
WHEREAS:
1. The Administrator and the Party entered into the Agreement on
September 13, 1988 under Xxxxxxx 000, Xxxxxxxx Xxxxxx Xxx, 0000, as amended
(the "Act");
2. The Administrator on August 6, 1992, approved the amendment of
Schedule A of the Agreement to delete the SS WORTH (Official No. 7600548), the
XX XXXX CITY (Official No. 7607891), the MR. ED (Official No. 575765) and the
HAPPY (Official No. 228709) from the list of eligible agreement vessels;
3. The Administrator on August 6, 1992, approved an amendment to
Schedule B to
A. Delete the construction/acquisition of a 209,000 DWT Alaska
Class Tanker with an estimated contract price of $130 million to be delivered in
January 1991;
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B. Add the construction/acquisition of two 40,000 DWT product
tankers with an estimated contract price of $160 million to be delivered in
1993;
C. Change the construction/acquisition of a passenger cruise
ship of about 1,800 passenger capacity for operation in inter-island Hawaii with
an estimated contract price of $225 million to two 500-plus passenger cruise
ships to be delivered in 1994 with an estimated contract price of $200 million
each;
D. Change the construction/acquisition of two 2,000 TEU
containerships with an estimated contract price of $200 million to the X.X.
XXXXXXXX, a 2,000 TEU containership to be delivered on June 15, 1992 with an
estimated contract price of $120 million;
4. The Administrator on August 6, 1992 approved the amendment of Schedule
C to reflect changes in names from West One Trust to West One Bank, Idaho and
from Citicorp Bank to Citicorp Trust of California. The approval also added
Sanwa Bank California and The Bank of California as depositories.
5. The Parties desire to amend the agreement as set forth in this
Addendum.
NOW, THEREFORE, the Administrator and the Party agree as follows:
I. Effective August 6, 1992, the agreement is amended by deleting the
existing Schedules A, B and C and replacing them with the annexed revised
Schedules A, B and C.
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II. Except as herein otherwise expressly provided, the Agreement, as
heretofore amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Addendum No. 2 in four
counterparts, effective as of the date specified hereinabove and actually on the
29th day of October, 1992.
(SEAL) UNITED STATES OF AMERICA
SECRETARY OF TRANSPORTATION
ATTEST: MARITIME ADMINISTRATOR
By: /s/ [SIGNATURE ILLEGIBLE] By: /s/ Xxxxx X. Xxx
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Secretary Contracting Officer
(SEAL) NATIONAL STEEL AND
SHIPBUILDING COMPANY
ATTEST:
By: /s/ Xxxxx X. Xxxxxxxxx By: /s/ S. D. Xxxxxxx
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Name: Xxxxx X. Xxxxxxxxx Name: S. D. Xxxxxxx
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Vice President,
Title: Assistant Secretary Title: Business Affairs
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Approved as to form:
By: /s/ [SIGNATURE ILLEGIBLE]
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Assistant Chief Counsel
Maritime Administration
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MA/CCF-478
SCHEDULE A
ELIGIBLE AGREEMENT VESSELS
Date And
Name And Specific Capacity Place Date Area of Details of
I.D. No. Type (Gross Tons) Owner Constructed Documented Operation Service
-------- -------- ------------ ----- ----------- ---------- --------- ----------
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MA/CCF-478
SCHEDULE B
PROGRAM OBJECTIVES
ACQUISITION OR CONSTRUCTION OF VESSELS
Amount
Program Vessel to be Approximate Date
Objective Name & General Vessel Withdrawn of Anticipated
No. Number Characteristics Cost From Fund Contract Delivery Area of Oper.
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1 X.X. A 2,000 TEU $120 million $75 million 1/90 6/15/92 West Coast
Xxxxxxxx Container Ship for (approx.) (approx.) Mainland U.S. to
Xxxxxx Navigation Hawaiian Islands
Company
2 Unknown Two 40,000 DWT $160 million $80 million unknown 1993 Hawaiian Islands
product tankers (approx.) (approx.) Puerto Rico
3 Unknown Two 500 plus $200 million $75 million unknown 1994 Non-Contiguous
Passenger each (approx.) each (approx.) Trade
v.
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7/01/92
Revised Schedule C
MA/CCF-478
SCHEDULE C
DEPOSITORIES
NAME AND ADDRESS ACCOUNTS
West One Bank, Idaho Investment Account
000 Xxxxx Xxxxxxx Xxxxxx established pursuant to
X.X. Xxx 0000 46 C.F.R. Section 390.7
Xxxxx, Xxxxx 00000
Citicorp Trust of California Investment Account
000 X. Xxxxxxxx Xxxxxx established pursuant to
Xxx Xxxxxxx, XX 00000 46 C.F.R. Section 390.7
Sanwa Bank California Investment Account
0000 XxxXxxxxx Xxxx. established pursuant to
Xxxxxxx Xxxxx, XX 00000 46 C.F.R. Section 390.7
The Bank of California Investment Account
000 Xxxxxxx Xxxxxx established pursuant to
Xxx Xxxxxxxxx, XX 00000 46 C.F.R. Section 390.7