Paragraph 3. 4.3 of Section 3.4 of the Agreement is deleted and replaced in its entirety with the paragraph 3.4.3 below:
Paragraph 3. 3.1 of Section 3.3 of the Agreement is deleted and replaced in its entirety with the paragraph 3.3.1 below:
Paragraph 3. 7.1 above shall not apply to a residential caretaker unless the callback results from an emergency and is of at least 30 minutes duration.
Paragraph 3. The Concessionaire shall agree to offer to users its Alternative National Long-Distance Services Plans, on a equitable basis and subject to the terms defined by the Concessionaire.
Paragraph 3. (a) of the Employment Agreement between the parties hereto is deleted in its entirety and substituted in its stead shall be the paragraph 3.(a) as follows:
Paragraph 3. The Concessionaire shall be entitled to have its original charges and remuneration situation restored when acts of God or catastrophes significantly affect the service exploitation, always subject, as a benchmark, to the effects of these situations on service providers in the private system.
Paragraph 3. 1d(i) - Sublicense Fees. Previous versions are hereby deleted and replaced with the following:
Paragraph 3. 03C and C-1 of the aforesaid Agreement shall be and hereby is deleted therefrom. Accordingly, Media Sciences, Inc. shall not assume responsibility for any warranties on products sold by UltraHue, Inc. prior to Closing, including, but not limited to any claims relating to defective ink or toner. Dated: December 13, 1999 Media Sciences, Inc. By: /s/ Michael W. Levin, President --------------------------------- Michael W. Levin, Pres. Attest: /s/ Bruce M. Meisel ------------------- Bruce M. Meisel, Esq. 263 Center Avenue Westwood, New Jersey 07675 /s/ Donald Gunn ---------------- Donald Gunn Attest: /s/ Randy Hooker ---------------- EXHIBIT A CONFIDENTIALITY AGREEMENT ------------------------- THIS AGREEMENT, made as of this 13th day of December, 1999; Between: Media Sciences, Inc., a New Jersey corporation which is a wholly owned subsidiary of Cadapult Graphic Systems, Inc., a Delaware corporation, hereinafter referred to as "Company" AND: Donald Gunn, an individual hereinafter referred to as "Shareholder".
Paragraph 3. 8(a) is to apply if the relevant Buyer intends to sell or otherwise dispose of its interest in the relevant Property before any such arrears have been recovered and the relevant Buyer is to assign the right of recovery no later than immediately before the completion of the sale or other disposition. This paragraph 3.9 does not apply to a disposition by way of charge unless and until the chargee intends to sell the relevant Property in exercise of the power of sale.