AMENDMENT TO EMPLOYMENT AGREEMENT
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment"), by and
between Medical Science Systems, Inc., a Texas Corporation (the "Corporation"),
and Xxxx X. Xxxxx ("Employee"), is effective this 17th day of November, 1998.
The Corporation and Employee are hereinafter sometimes referred to, individually
and collectively, as a "Party" or the "Parties."
WHEREAS, the Corporation and Employee have previously entered into that
certain employment agreement dated January 1, 1996, as amended on August 1, 1997
and January 1, 1997 (the "Agreement"); and
WHEREAS, the Corporation and Employee desire to amend the terms and
conditions of the Employee's employment with the Corporation.
NOW THEREFORE, in consideration of the promises and of the mutual
covenants and agreements set forth below, the Parties hereto agree to delete the
first paragraph of section three (COMPENSATION) of the Employment Agreement in
its entirety and replace it with the following paragraph:
"In consideration of the performance by Employee of
Employee's obligations during the Employment Term (including any
services as an officer, director, employee, member of any committee of
the Corporation or any of its subsidiaries, or otherwise), the
Corporation will pay Employee a salary (the "Salary") at an annual rate
of $148,750 per year during the seven (7) month period of December 1
1998 to June 30, 1999 and at an annual rate of $170,000 per year
thereafter."
This amendment is intended to and shall only effect the changes set
forth in the preceding paragraph. No other change, amendment, waiver, discharge,
or termination shall be effected except by a subsequent written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the day and year first above written.
DATED: December 14, 1998.
Medical Science Systems, Inc.,
A Texas Corporation
By:
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U. Xxxxxxx Xxxxx
Chief Financial Officer
EMPLOYEE
By:
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Xxxx X. Xxxxx
