Exhibit 10.13
[FORM OF]
TECHNICAL AMENDMENT NO. 1 TO CHANGE IN CONTROL AGREEMENT
THIS TECHNICAL AMENDMENT NO. 1 TO CHANGE IN CONTROL AGREEMENT between
Xxxxxxx Corporation, a Delaware corporation (the "Company"), and ____________
(the "Employee"), is dated as of January 1, 1998.
W I T N E S S E T H:
WHEREAS, the Company and the Employee, having entered into a Change of
Control Agreement dated as of February 20, 1996 (the "Agreement"), now desire to
amend the Agreement in accordance with the terms hereof;
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. Section 4(i) of the Agreement is hereby amended as follows: Clause
(C) is deleted in its entirety. Clause (D) is renamed clause "(C)" and the
reference therein to "clauses (A), (B), (C) and (D) hereof" becomes a reference
to "clauses (A), (B) and (C) hereof".
2. Except as amended hereby, the Agreement shall remain in full force
and effect. This Amendment No. 1 shall be governed by, and construed in
accordance with, the laws of the State of Georgia. This Amendment No. 1 may be
executed in counterparts, each of which shall be deemed an original but all of
which together will constitute the same instrument.
IN WITNESS WHEREOF, the Company and the Employee have executed this
Amendment No. 1 as of the date first mentioned above.
XXXXXXX CORPORATION Approved:
By: _________________________ By: ___________________________
Xxxxxx X. Xxxxxx, Xx.
Chairman, Compensation Committee
of the Board of Directors
THE EMPLOYEE:
_____________________________ (L.S.)