Paragraph 9. The “Nonsolicitation of Customers/Prospective Customers” provision shall apply not to any Prospective Customer, but rather shall apply only to any Customer, in the following states: Illinois, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, New Jersey, North Carolina, Oklahoma, and Wisconsin. Additionally, in Wisconsin, Paragraph 9 shall not apply to “attempts.” Additionally, the Nonsolicitation of Customers/Prospective Customers provision at paragraph nine (9) of this Agreement does not apply to North Dakota employees doing business in in North Dakota.
Paragraph 9. The first sentence of the sub-paragraph (a) of Paragraph 9 is deleted and the following substituted therefor: "Notwithstanding anything to the contrary contained in the Contract, title to the Platform and all work, materials, goods, and components, incorporated in, attached to, or intended to be incorporated in or attached to the hull or the Platform shall vest in Owner on the earlier of (a) when Owner makes the next installment payment required by the Contract to Builder following receipt of the materials, goods, or components or performance of the work by the Builder (such items are hereinafter called the "Equipment"), or (b) when work is performed on any of the Equipment or materials, goods, or components are incorporated in or attached to any of the Equipment, whether or not such work, materials, goods, or components have been paid for by the Shipowner. Title to OFE paid for by the Owner shall be in the Owner. Risk with respect to the hull or the Platform and all materials destined for inclusion as part of the Platform (including OFE) shall be governed by the provisions of Paragraph 8, as amended."
Paragraph 9. Notwithstanding paragraphs (7) and (8), above, b By January 1 of each year, a participant may notify the Director of any purse-seine vessel operating under its jurisdiction and listed on the Register that will not fish in the EPO in that year. Any vessel identified pursuant to this paragraph shall remain on the Register as “inactive” and shall not fish in the EPO in that year. In such cases, the participant may substitute another purse-seine vessel or vessels on the Register, and those vessels shall be authorized to fish in the EPO provided that the total “active” capacity of purse-seine vessels flying the flag of that participant in any year does not exceed the capacity listed for such vessels on the Register as of 28 June 2002. However, an active vessel may be changed to inactive at any time, by notification of the change by the participant to the Director. An inactive vessel on the Register may, at any time during the year, replace a vessel of the same flag that has changed from active to inactive in accordance with this paragraph and fish in the EPO, provided that the total capacity of the purse-seine vessels that fly the flag of that participant is not increased by the replacement. Any active vessel on the Register that changes, in accordance with this resolution, to the flag of another participant shall continue inactive until it can change to active in pursuant to the provisions of this resolution.
Paragraph 9. 5. Licensee already owns an in-house computer that generates a profit and loss statement for a profit center such as Licensee's "Dairy Queen". Licensee hereby requests that Licensor accept Licensee's profit and loss report; as already programmed, which uses profit center identification and consolidated balance sheet. Licensor has requested and shall be furnished with a "dummy" statement for consideration.