AMENDMENT NO 1. TO EMPLOYMENT AGREEMENT
EXHIBIT
10.29
AMENDMENT
NO 1. TO EMPLOYMENT AGREEMENT
THIS
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT ("Amendment")
is made and entered into as of this 20th
of
April, 2005 by and between Davel Communications, Inc., a Delaware corporation
(“Davel”) and Xxxxx Xxxxxx (“Xxxxxx”).
WHEREAS,
Davel
and Xxxxxx entered into that certain Employment Agreement on February 1,
2005
(“Agreement”);
WHEREAS,
Davel,
Mobilepro Corp. (parent company of Davel) and Xxxxxx mutually desire to amend
certain provisions of the Agreement.
NOW,
THEREFORE, in
consideration of the premises and mutual covenants and agreements contained
herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
1. Amendment
No. 1.
Section
1 of the Agreement shall be deleted in its entirety and replaced with the
following language:
Employment
and Services.
During
the term of this Agreement, the Executive shall be employed as Chief
Administrative Officer and General Counsel of the Corporation. As Chief
Administrative Officer and General Counsel, the Executive shall render
administrative and management services to the Corporation such as those that
are
customarily performed by persons situated in similar executive positions,
and
such other duties as requested by the Chief Executive Officer of Mobilepro
Corp., may from time to time reasonably direct. As an employee of the
Corporation, the Executive shall report directly to the CEO of Mobilepro,
or to
such other person as the CEO or Board of Directors may reasonably
direct.
2. Amendment
No. 2.
The
following language shall be inserted into the Agreement as Section 4(e):
As
partial consideration for entering into this Agreement, Mobilepro Corp. hereby
grants Xx. Xxxxxx warrants to acquire one million five hundred thousand
(1,500,000) shares of Mobilepro’s common stock at an exercise price of $0.15 per
share (the “Warrants”). The Warrants shall vest ratably over the remaining Term
of the Agreement, or immediately if Xx. Xxxxxx’x employment is terminated
without cause (as described in Section 6 (b) of the Agreement) or, due to
a
change in control, sale of a majority of the common stock or substantially
all
of the assets of Mobilepro or merger of Mobilepro into or with another company
(unless such company is less than ninety percent (90%) of the size (measured
by
market value) of Mobilepro) or reverse merger with another company.
3. Other
Changes.
It is
understood and agreed by the parties hereto that all other provisions of
the
Agreement shall remain unchanged and in full force and effect.
IN
WITNESS WHEREOF,
the
parties hereto have executed this Agreement to be effective as of the date
first
above written.
| DAVEL COMMUNICATIONS, INC. | MOBILEPRO CORP. |
| By__________________________________ | By________________________________ |
| Xxxxxxxx X. Xxxxx, Executive Vice President | Xxx X. Xxxxxx, Chief Executive Officer |
|
“Davel”
|
“MobilePro”
|
| XXXXX XXXXXX | |
|
_________________________________
|
|
|
“Xxxxxx”
|
