Exhibit 10.34
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
This Third Amendment to Employment Agreement (this "Amendment") is made
and entered into as of this 30th day of December, 2004, by and between DATA
SYSTEMS & SOFTWARE INC., a Delaware corporation (the "Company"), and XXXXXX
XXXXXXXXXXX (the "Executive").
WHEREAS, the Company and the Executive are parties to an Employment
Agreement dated as of January 1, 1997 (the "Agreement"), the term of which was
extended to December 31, 2003 by the Second Amendment to the Employment
Agreement, dated as of March 13, 2002 (the "Second Amendment"); and
WHEREAS, the Executive is now serving the Company in his capacity as a
Consultant, and the Company wishes to extend the Consulting Period;
NOW, THEREFORE, in consideration of the mutual promises hereinafter set
forth, the parties hereto, intending to be legally bound, hereby agree as
follows:
1. That the first sentence of Section 1(b) of the Amended Employment
Agreement is hereby amended by deleting the word "seventh" and substituting
therefor with the word "eighth".
2. That the first sentence of Section (1)(c) of the Amended Employment
Agreement is hereby amended by deleting the word "seventh" and substituting
therefor with the word "eighth".
3. That the first sentence of Section 2(a)(2)(ii) of the Amended
Employment Agreement is hereby amended by deleting the word "fourth" and
substituting therefor with the word "fifth".
4. This Amendment may be executed in counterparts, each of which shall
constitute an original and which together shall constitute one and the same
agreement
[Signatures appear on next page]
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, as of
the day and year first above written.
DATA SYSTEMS & SOFTWARE INC.
By: /S/ Xxxxx Xxxxxxx
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Xxxxx Xxxxxxx, Vice President and
Chief Financial Officer
/S/ Xxxxxx Xxxxxxxxxxx
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XXXXXX XXXXXXXXXXX
