the contract this is defined the governing documents the governing documents are for things it's the original two thousand and one agreement and there is an amendment in two thousand and two  contract provided that any want of cation has to be in writing so what happened in all three of these in the finish line would write a letter and it would write that letter to division it would propose what would be  modifications and if division six wanted to continue with the relationship divisions it was to sign the agreement and then it was also signed by finish why when you look at the changes this wouldn't be a textbook on how to market how to modify a contract for sure when we look at how these changes and the different language that skews in the very st modification there are many in the pricing schedule and they use the terms we're going to the agreement to reflect the following not quite sure would that be and we have to go back to the contract you have to read what's in the change and in in those in those cases  what is happening here is the prior paragraphs are being deleted and they're being replaced there's also in the very st in the very  modification they made a change to the term of the agreement and that the issue here today is the term of the agreement so regionally there is a term it's an eighteen month term in two thousand and one been touched but what they decided to do is they're going to extend the term from eighteen months to three years and also they're going to change that renewal provision from eighteen months  have where we're going to add something which means we're going to replace and it's the language used there and there's additional changes to seven and eight where the language says that that  good afternoon your honors please the court andy hall and my colleague christopher wagner on behalf of the finish line inc finish line to ask that this court in the district court's order of dismissal in response to the motion to dismiss below and also affirm the order ruling in opposition to the motion to amend the judgment that latter motion proposed yet a new theory on the part of positions sexual urg conduct about which division six tries to fashion its breach of contract claim the entirety of the parties contract the parties specifically described specifically automatic renewal for example at the outset of the contract or the parties to find that term in the two thousand and one agreement to mean a specific eighteen month period beginning march one of two thousand one through september one of two thousand and two the agreement provided for a single eighteen month automatic right of renewal from that defined durational term two thousand to negotiate the two thousand men meant they created a new extended term of three years which expressway ran through august thirty one of two thousand and five with an automatic three a single right at renewal following set extended term the three year term established in the two thousand and two amendment the parties performed under the two thousand and two amendment and the parties also performed under that three existing defined said extended term there is no support for that proposition anywhere in the two thousand and eight amendment the two thousand and eight amendment provides no right  the two thousand to end the two thousand and eight amendments both added language as it relates to the durational terms that makes plain and perfect sense the durational term had expired in the two thousand and two amendment for example so a new language is added there is not going to be deleted there's nothing to be replaced languages ad where the parties intended to replace or delete language as they did in connection with the pricing provisions section to see the parties used to replace or delete in different contexts so th say anything after that there's been no men that's right you're going to be and i guess that's where there's some disagreement yes it is the contention of of division following the expressed terminations of the contract under the two thousand and eight amendment that a right of automatic renewal which existed in the two thousand and two amendment and was exercise its version of how it got this contract looks good course we don't know the division six dead we don't know what it looks like because finish line never and division six never agreed on particular la