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EXHIBIT 10.1(a)
AMENDMENT TO
EMPLOYMENT AGREEMENT
AMENDMENT (this "Amendment"), dated this 20th day of November, 2000, by
and between i3 MOBILE, INC. ("i3 Mobile") and XXXXXXX X. XXXXXXX ("Xxxxxxx").
WHEREAS, i3 Mobile and Xxxxxxx are parties to that certain Employment
Agreement, dated as of January 1, 1999 (the "Employment Agreement");
WHEREAS, i3 Mobile and Xxxxxxx desire to amend the terms of the
Employment Agreement.
NOW, THEREFORE, in consideration of the mutual premises and upon the
terms and subject to the conditions set forth herein, the parties hereto agree
as follows:
1. Unless otherwise defined herein, capitalized terms shall have
the meanings ascribed to them in the Employment Agreement.
2. The "WITNESSETH" section of the Employment Agreement is hereby
amended by deleting the first paragraph thereof and replacing it with the
following:
"i3 Mobile is desirous of employing Xxxxxxx as Chairman of the
Board of Directors and Chief Strategist of i3 Mobile and Xxxxxxx
is desirous of serving i3 Mobile in such capacities, all upon
the terms and subject to the conditions hereinafter provided."
3. Section 2 of the Employment Agreement is hereby amended by
deleting the entire section and replacing it with the following:
"The employment of Xxxxxxx by i3 Mobile as provided in Section 1
will be for a period commencing as of January 1, 1999 and
continuing until December 31, 2000 (the "Term"), at which time a
new employment agreement between Xxxxxxx and i3 Mobile of even
date herewith shall take effect."
4. Section 3 of the Employment Agreement is hereby amended by
deleting the first paragraph thereof and replacing it with the following:
"Xxxxxxx shall serve as Chairman of the Board of Directors and
Chief Strategist of i3 Mobile, shall preside at all meetings of
the stockholders and the Board of Directors of i3 Mobile and
shall be responsible for establishing the overall strategic
direction of i3 Mobile, subject to the general policy directions
of the Board of Directors of i3 Mobile. Xxxxxxx shall also have
such other powers and perform such other duties as may from time
to time be assigned to him by the Board of Directors of i3
Mobile, provided that the nature of Xxxxxxx'x xxxxxx and duties
so assigned shall not be inconsistent with Xxxxxxx'x positions
and duties hereunder."
5. Section 15 of the Employment Agreement is hereby amended by
deleting the words "Chairman of the Board" in the i3 Mobile address subsection
and replacing them with "Chief Executive Officer".
6. Except as set forth in this Amendment, all other terms and
provisions of the Employment Agreement shall remain in full force and effect and
are incorporated herein by reference.
7. In the event of any conflict between the terms of the Employment
Agreement and the Amendment, the terms of the Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first written above.
i3 MOBILE, INC.
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By: /s/ Xxxx X. Lack
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Xxxx X. Lack
President and Chief Executive Officer
/s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx
