EXHIBIT 2.21.a
Amendment to Employment Agreement
This amendment is made to that certain Employment Agreement dated
November 1, 1998, by and between MLC Enterprises, Inc., a Texas Corporation
("Company") now known as IDS Fabricated Systems, Inc. and Xxxxxxx X. Xxxxx, a
Texas resident, ("Employee") in connection with the acquisition of all the
outstanding common stock of Company from Employee by Industrial Data Systems,
Corp. pursuant to a Stock Acquisition Agreement of even date therewith.
Whereas, since the acquisition date additional undisclosed liabilities
of MLC Enterprises, Inc. have come to the attention of the parties; and
Whereas, Employee's entitlement to prior commissions was premised, in
part, on the absence of such undisclosed liabilities; and
Whereas, the parties hereto desire to adjust Employee's Compensation
for accrued unpaid commissions as a dollar for dollar offset against such
undisclosed liabilities of Company;
Now therefore in consideration of the premises and the further
consideration of a dollar for dollar credit against any undisclosed liabilities
of Company as of the Acquisition Date, Paragraph 4(c) of the Employment
Agreement is amended to reduce the amount of accrued unpaid commissions by
$125,000.00 as of November 1, 1998 and deleting payments due on May 1, 1999;
August 1, 1999; November 1, 1999; February 1, 2000 and May 1, 2000. Both Parties
agree to work in good faith, and will review the subject of commissions payable
and undisclosed liabilities as more information becomes available, no sooner
than July 1, 1999, no later than December 31, 1999.
Signed this 16th day of January, 1999.
IDS Fabricated Systems, Inc.
formerly known as
MLC Enterprises, Inc.
by: /s/Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx, President
/s/ Xxxxxxx X. Xxxxx
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Xxxxxxx X. Xxxxx
