Exhibit 10.2a
AMENDMENT TO
EMPLOYMENT AGREEMENT
AMENDMENT (this 'Amendment') dated this 1st of October, 2002, by and
between i3 MOBILE, INC. ("i3 Mobile") and XXX XXXXXX ("Xxxxxx").
WHEREAS, i3 Mobile and Xxxxxx are parties to that certain Employment
Agreement, dated as of December 21, 2000 (the "Employment Agreement");
WHEREAS, i3 Mobile and Xxxxxx 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 the
meanings ascribed to them in the Employment Agreement.
2. Section 2 shall be amended in its entirety as follows:
"The employment of Xxxxxx by i3 Mobile as provided in Section 1
will be for a period of one (1) year commencing on October 1, 2002,
unless sooner terminated as hereinafter provided (the "Term")."
3. The first sentence of Section 5(a) shall be amended in its entirety
as follows:
"(a) Base Salary. i3 Mobile shall pay Xxxxxx a base salary ("Base
Salary") at a rate of not less than $220,000 per annum, payable in
equal semi-monthly installments during the Term."
4. The first sentence of Section 7(d) shall be amended in its entirety
as follows:
"(d) In the event that Xxxxxx'x employment is terminated (i) by i3
Mobile other than (A) as a result of Xxxxxx'x death or (B) for
reasons specified in Section 6(a) or (b) or (ii) by Xxxxxx for Good
Reason upon Change in Control, i3 Mobile shall continue to pay
Xxxxxx his Base Salary and Bonus for twelve (12) months following
any such termination and provide Xxxxxx continuation coverage under
all major medical and other health, accident, life or other
disability plans or programs in which Xxxxxx participated
immediately prior to such termination for the same period."
5. Except as set forth in this Amendment, all other terms and
provisions of the Employment Agreement shall remain if full force and effect and
are incorporated herein by reference.
6. In the even 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.
By: /s/ Xxxx X. Lack
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Xxxx X. Lack
President and Chief Executive Officer
/s/ Xxx Xxxxxx
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Xxx Xxxxxx
