Exhibit 10.4
DATA CALL TECHNOLOGIES
ADDENDUM NO. 1
TO EXECUTIVE EMPLOYMENT AGREEMENT
THIS ADDENDUM No. 1 TO EXECUTIVE EMPLOYMENT AGREEMENT (this "Addendum")
dated as of February 14, 2006, to be effective as of January 1, 2006 (the
"Amended Effective Date"), is made between Data Call Technologies, a Nevada
corporation (the "Company"), and Xxxxx Xxxxxx ("Executive") (collectively
sometimes referred to as the "Parties" and individually sometimes referred to as
"Each Party"). This Addendum amends an Executive Employment Agreement entered
into between the Parties on October 4, 2005 (the "Agreement") for the previous
effective date of October 1, 2005 (the "Effective Date").
W I T N E S S E T H:
WHEREAS, the Company and Executive desire to amend the Effective Date of
the Agreement.
NOW, THEREFORE, in consideration of the premises, the agreements herein
contained and other good and valuable consideration of ten dollars ($10) and
other good and valuable consideration, the receipt and sufficiency of which
Executive hereby acknowledges, the parties hereto agree as of the date hereof as
follows:
(1) The Parties agree that Section 14 of the Agreement shall read as
follows:
14. Summary of Terms of Employment
Effective Date January 1, 2006
Term & Commitment Three Years, full-time, renewable
Office / Position Chief Financial Officer
Salary $75,000 per year
(2) Executive agrees that he is not entitled to any compensation under the
Agreement for the period from the Effective Date of the Agreement and the
Amended Effective Date of the Agreement (the "Amended Time Period"), other than
the compensation Executive actually received from the Company during the Amended
Time Period.
(3) Other Provisions.
(a) All notices and statements with respect to this Addendum must be
in writing. Notices to the Company shall be delivered to the Chairman of the
Board or any vice president of the Company. Notices to Executive may be
delivered to Executive in person or sent to Executive's then-current mailing
address as indicated in the Company's records.
(b) This Addendum sets forth the entire agreement of the parties
concerning the subjects covered herein; there are no promises, understandings,
representations, or warranties of any kind concerning those subjects except as
expressly set forth in this Addendum.
(c) Any modification of this Addendum must be in writing and signed by
all parties; any attempt to modify this Addendum, orally or in writing, not
executed by all parties will be void.
(d) If any provision of this Addendum, or its application to anyone or
under any circumstances, is adjudicated to be invalid or unenforceable in any
jurisdiction, such invalidity or unenforceability will not affect any other
provision or application of this Addendum which can be given effect without the
invalid or unenforceable provision or application and will not invalidate or
render unenforceable such provision or application in any other jurisdiction.
(e) This Addendum will be governed and interpreted under the laws of
the United States of America and the laws of the State of Texas as applied to
contracts made and carried out in Texas by residents of Texas.
(f) No failure on the part of any party to enforce any provisions of
this Addendum will act as a waiver of the right to enforce that provision.
(g) Section headings are for convenience only and shall not define or
limit the provisions of this Addendum.
(h) This Addendum may be executed in several counterparts, each of
which is an original. It shall not be necessary in making proof of this
Addendum or any counterpart hereof to produce or account for any of the other
counterparts. A copy of this Addendum signed by one party and faxed to another
party shall be deemed to have been executed and delivered by the signing party
as though an original. A photocopy of this Addendum shall be effective as an
original for all purposes.
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DATA CALL TECHNOLOGIES: EXECUTIVE:
/s/ Xxxxx Xxxxxx /s/ Xxxxx Xxxxxx
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Xxxxx Xxxxxx Xxxxx Xxxxxx
Chief Executive Officer
