Exhibit 10.33
FIRST AMENDMENT TO INDEPENDENT SUBCONTRACTOR AGREEMENT
THIS FIRST AMENDMENT is made by and between Xxxxx Enterprises, Incorporated
("Sykes"), a Florida corporation, with offices at 000 Xxxxx Xxxxxx Xxxxx, Xxxxx,
Xxxxxxx 00000 and Xxxxx X. Xxxxxx ("Subcontractor"), with offices at
___________________________.
WHEREAS the parties entered into that certain Independent Subcontractor
Agreement effective as the 27th day of July, 2004 (the "Agreement"); and
WHEREAS the parties desire to amend the Agreement;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledge, the parties agree that the Agreement
shall be amended as follows:
Paragraph 4 of the Agreement entitled "Invoicing" shall be deleted in its
entirety and the following paragraph shall be substituted in place thereof.
Subcontractor will be paid a retained fee of Twenty Thousand
($20,000) per month for which Subcontractor will perform 180 hours of
work, as mutually agreed between the parties. Any hours of work above
180 hours per month will be billed by Subcontractor at the rate of one
hundred ten dollars ($110.00) per hour worked. Subject to the
satisfactory completion of the services, as determined by Sykes in its
reasonable discretion, Sykes will pay Subcontractor within thirty (30)
days following receipt of invoice, less any portion thereof in
dispute. In the event of any disputed invoice (including disputes over
whether work was performed in a satisfactory manner), Sykes and
Subcontractor agree to negotiate in good faith toward a quick
resolution of the dispute and payment of the mutually agreed upon
amount. If the parties cannot resolve their payment dispute within
ninety (90) days from the date Subcontractor presents the invoice to
Sykes, such dispute shall be referred to binding arbitration in
accordance with Section 14 below.
Except as specifically set forth above, all terms and conditions of the
Agreement remain unmodified and are hereby reaffirmed and restated.
First Amendment to Independent
Subcontractor Agreement
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
on the respective dates written below, which shall be effective as of the 1st
day of February, 2005.
XXXXX ENTERPRISES, INCORPORATED SUBCONTRACTOR
Signature: /s/ Xxxxx X. Xxxxxx Signature: /s/ Xxxxx X. Xxxxxx
-------------------------- -----------------------------
Name: Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx
Title: Vice President Title: Principal Consultant
Date: July 27, 2004 Date: July 27, 2004
