First Amendment to General Contract for Services
Exhibit
10.96
First
Amendment to
This
First Amendment to General Contract for Services ("First Amendment") is entered
into as of March 14, 2007, to be effective as of January 1, 2006, by and between
Swiftnet Limited ("Swiftnet") and Xfone, Inc. ("Xfone").
WHEREAS,
Swiftnet and Xfone entered into that certain General Contract for Services
dated
January 1, 2005 (the "Contract"); and
WHEREAS,
Swiftnet and Xfone acknowledge that the services provided to Swiftnet by Xfone
has been reduced during 2006 due to Xfone’s increasing focus on the U.S. and
Israel, and the appointment of Xxxx Xxxxxx as full-time Managing Director of
Swiftnet from July 1, 2006; and
WHEREAS,
Swiftnet and Xfone desire to amend the Contract in order to properly reflect
the
nature and scope of the services which Xfone has provided and will further
provide to Swiftnet under the Contract, as of January 1, 2006.
NOW,
THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the parties do hereby agree as follows (capitalized
terms used herein have the same meaning as defined in the Contract, unless
otherwise specified herein).
1. Amendments.
Section
1
of the Contract is hereby amended in its entirety to read as
follows:
"DESCRIPTION
OF SERVICES. Beginning
on January 1, 2006, Xfone will provide Swiftnet with the following services
(the
“Services”):
-
Day-to-day
support to the Directors of Swiftnet in the general management of the business
(to include Marketing, Finance and Operational advisory work).
- Special
Projects (outside of the day-to-day management of the business) required to
achieve specific business development goals (to include the new supplier
relationships and the introduction of new products and processes).
-
Activities
to secure financing for Swiftnet (from outside the U.K.)."
Section
2
of the Contract is hereby amended in its entirety to read as
follows:
"PAYMENT
FOR SERVICES.
In
exchange for the Services Swiftnet will pay
Xfone
according to the following schedule:
-
In
return for the day-to-day support: 2.5% of the total turnover of
Swiftnet.
-
In
return for Special Projects: £750 per each Xfone executive per day.
-
In
connection with financing: 5% of money raised from sources outside the
U.K.
-
Reimbursement of expenses. "
2. Ratification.
The
Contract as amended hereby is ratified and affirmed, and except as expressly
amended hereby, all other terms and provisions of the Contract remain unchanged
and continue in full force and effect.
3. Execution.
This
First Amendment may be executed simultaneously in multiple counterparts, each
of
which will be deemed an original, but all of which together shall constitute
one
and the same instrument. The parties hereto agree to accept facsimile signatures
as an original signature.
Executed
as of the day and year first above written.
|
Swiftnet
Limited
|
Xfone,
Inc.
|
|
By:
/s/ Xxxx X. Xxxxxx
|
By:
/s/
Xxx Xxxxxxxxx
|
|
Name: Xxxx X. Xxxxxx
Title:
Managing Director |
Name: Xxx Xxxxxxxxx
Title: President and
CEO
|
