Exhibit 10 (q)
FIRST AMENDMENT TO CONSULTING AGREEMENT
This first amendment to consulting agreement is entered into this
30th day of August, 2002 by and between Xxxxx X. Xxxxxx (the "Consultant") and
Xxxxxxxx Xxxxx, Inc., a Delaware Corporation (the "Company").
Witnesseth:
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WHEREAS, the Company and the Consultant desire to amend the
Consulting Agreement which they entered into as of March 12, 2002 (the
"Consulting Agreement"), upon the terms and conditions below.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions contained herein and other good and valuable consideration, the
receipt and sufficiency which are hereby acknowledged, the parties hereto agree
as follows:
1. The first sentence of Section 1(a) of the Consulting Agreement
is hereby deleted in its entirety and the following sentence is substituted in
its place:
The Company hereby retains the Consultant and the
Consultant hereby accepts retention by the Company, as a
consultant on the terms and subject to the conditions set
forth herein, for the period which commenced as of February
14, 2002 and which will end on October 31, 2002, unless
terminated earlier as provided herein (the "Consulting
Period").
2. Except as otherwise expressly set forth herein, the Consulting
Agreement remains unmodified and in full force and effect.
In witness whereof, the parties hereto have executed this First
Amendment as of the date first above written.
XXXXXXXX XXXXX, INC.
By: /s/ Xxxxxx X. Xxxxx, Xx.
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Name: Xxxxxx X. Xxxxx, Xx.
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Title: General Counsel
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/s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx
