EXHIBIT 10.4
AMENDMENT TO EMPLOYMENT AGREEMENT
THIS AMENDMENT TO EMPLOYMENT AGREEMENT made and entered into this
September 24, 2001, by and between HORIZON MEDICAL PRODUCTS, INC., a Georgia
corporation ("Employer"), and XXXXXXXX X. XXXX ("Employee");
WHEREAS, Employer and Employee entered into that certain Employment
Agreement dated April 3, 1998, as amended by Amendment to Employment Agreement
dated June 29, 1999 ("Employment Agreement"), and the parties desire to amend
the Employment Agreement in the manner set forth below;
NOW, THEREFORE, in consideration of the premises and the mutual
promises and agreements contained herein, the parties hereto, intending to be
legally bound, hereby agree as follows:
SECTION 1
The first sentence in Section 2 of the Employment Agreement is hereby
amended to extend the expiration date of the term of the Employment Agreement to
June 30, 2006, so that the sentence will read as follows: "The term of
Employee's employment hereunder (the "Term") shall be from April 1, 1998 (the
"Effective Date") until the earlier of (a) June 30, 2006 or (b) the occurrence
of any of the following events:".
SECTION 2
In the fourth sentence of Section 3.1(b), the phrase "for the period
commencing January 1, 2003 and terminating on March 31, 2003" shall be amended
to read "for the period commencing January 1, 2006 and terminating on June 30,
2006".
SECTION 3
As a matter of clarification, under Section 3.1(c) of the Employment
Agreement, Employer will pay gasoline and maintenance expenses for the
automobile leased by Employer for use by Employee. Section 3.1(d) of the
Employment Agreement is amended to provide that in lieu of the initiation fee
and monthly dues of the Capital City Club, Employee shall be reimbursed for an
initiation fee and dues of another club selected by Employee for customer
entertainment.
SECTION 4
Except as expressly amended above, all other provisions in the
Employment Agreement shall continue in full force and effect. This Amendment is
intended by the parties hereto to be the final expression of their agreement
with respect to the subject matter hereof and is the complete and exclusive
statement of the terms thereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. This Amendment may be
modified only by a written instrument signed by all of the parties hereto. This
Amendment shall be deemed to be made in, and in all respects shall be
interpreted, construed, and governed by and in accordance with, the laws of the
State of Georgia. No provision of this Agreement shall be construed against or
interpreted to the disadvantage of any party hereto by any court or other
governmental or judicial authority or by any board of arbitrators by reason of
such party or its counsel having been deemed to have structured or drafted such
provision. This Amendment may be executed in two or more counterparts, each of
which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Employment Agreement as of the date first above written.
HORIZON MEDICAL PRODUCTS, INC.
By:
----------------------------------------
Xxxxxxx X. Xxxxxxxx, Xx., President
----------------------------------------
XXXXXXXX X. XXXX
