[XXXXXXXX.XXX LOGO]
May 8, 2003
Xxxxxxxx Xxxxx
c/o Xxxxxxxx.xxx, Inc.
000 Xxxxxx Xxxxxx
Xxx Xxxx, XX 00000
RE: Amendment to Letter Agreement of Employment, dated June 11, 2002
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Dear Xxx:
This letter hereby amends and restates the first sentence of Paragraph
9, regarding your eligibility for a severance payment upon your termination of
your employment with the Company without Cause, of the Letter Agreement of
Employment dated June 11, 2001 (the "Letter Agreement") between you and
Xxxxxxxx.xxx, Inc. (the "Company") as follows:
9. Severance. Notwithstanding that your status would be as an at-will
employee, in the event the Company terminates your employment without Cause, or
you resign for "Good Reason" as defined below, at any time following the start
date of your employment, and contingent upon your executing and delivering to
the Company a general waiver and release, you will receive the base salary in
effect at the time of such termination or resignation for a period of twelve
(12) months from the effective date of such termination or resignation according
to the Company's normal payroll schedule, and your medical coverage will be
continued for such 12 month period pursuant to COBRA, at Company expense.
You acknowledge and agree that the Letter Agreement as hereby amended
represents the complete understanding of the terms of your employment and you
are not relying on any discussions or agreements outside of the Letter Agreement
as hereby amended. Changes in the terms of your employment may be modified only
in a document signed by the parties and referring explicitly to the Letter
Agreement as hereby amended.
If the above accurately reflects our agreement, kindly so signify by
signing the enclosed copy of this letter in the space provided below and
returning it to the undersigned.
Xxxxxxxx Xxxxx Xxxxxxxx.xxx, Inc.
/s/ Xxxxxxxx Xxxxx By: /s/ Xxxxxxx Xxxxxx
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Name: Xxxxxxx Xxxxxx
Title: Chief Executive Officer
