EXHIBIT 10.78
AMENDMENT NO. 2 TO
CONSULTING AGREEMENT
BY AND BETWEEN
I.C. XXXXXX & COMPANY, INC.
AND
XXXX XXXXXXXX
THIS AMENDMENT NO. 2, dated as of August 25, 2000, is made a
part of that certain CONSULTING AGREEMENT, dated as August 27, 1998, by and
between I. C. Xxxxxx & Company, Inc. (the "Company") and Xxxx Xxxxxxxx (the
"Consultant") (the "1998 Agreement"), as amended by that certain AMENDMENT NO. 1
TO CONSULTING AGREEMENT, dated as of February 11, 1999, by and between the
Company and the Consultant (hereinafter referred to, together with the 1998
Agreement, as the "Agreement"). It is intended by the parties that the terms of
this Amendment No. 2, to the extent that they are more specific than the terms
contained in the Agreement, or to the extent that they should conflict with the
terms contained in the Agreement, shall supersede the terms of the Agreement.
W I T N E S S E T H:
Accordingly, in consideration of the mutual covenants and
representations contained herein and the mutual benefits derived herefrom, the
parties hereto agree as follows:
1. Paragraph 2 of the Agreement is hereby restated in its entirety
as follows:
2. TERM. This Agreement shall begin August 27, 1998 and shall
continue until August 27, 2001 (the "Term"), unless earlier
terminated in accordance with the terms hereof.
IN WITNESS WHEREOF, the parties have executed and delivered this
Amendment No. 2 on the date first above written.
ATTEST: I.C. XXXXXX & COMPANY, INC.
/s/ Xxxxxx X. Xxxxxxxxx By: /s/ Xxxxxx X. Xxxxx
____________________________________ _____________________________________
Secretary Xxxxxx X. Xxxxx, President
WITNESS: CONSULTANT
/s/ Xxxxxx Xxxxxxx /s/ Xxxx Xxxxxxxx
____________________________________ _____________________________________
Xxxx Xxxxxxxx
