XXXXXX XXX
Direct Dial: (000) 000-0000 x000
E-mail: xxxx@xxxxxxx.xxx
January 10, 2001
Xxxxxx Xxxxxxxxx
0000 Xxxxxxxxx Xxxxxxxx
Xxxxxxxx, XX 00000
Re: Amendment to Employment Agreement of Xxxxxx Xxxxxxxxx
("Employee") with HomeCom Communications, Inc. (the "Company")
Xxxxxx:
Upon receipt of approval from the Board of Directors of the Company, your
employment agreement shall be amended as follows:
o In the event of termination for any reason other than for cause,
including a constructive termination during a change in control, you
will receive nine (9) months salary as severance payable at the time
of termination.
o For the purposes of this agreement, "cause" shall be defined as the
occurrence of any of the following events: (a) willful misconduct or
grossly negligent conduct by Employee which causes significant harm to
the Company; or (b) conviction of the Employee of a felony.
o For the purposes of this agreement, "change in control" shall be
defined as (a) the Sale of the Company; (b) a liquidation or
dissolution of the Company; (c) a declaration of bankruptcy by the
Company under the federal bankruptcy laws; or (d) the cessation for
any reason of individuals who, as of the date hereof, constitute the
Board of Directors to constitute at least a majority of the Board of
Directors, other than Directors who are appointed to the Board by the
current sitting Board to replace a resigning member of the Board of
Directors.
Sincerely,
HOMECOM COMMUNICATIONS, INC.
By: ______________________
Xxxxxx Xxx
President and CEO
