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EXHIBIT 10.2(f)
FOURTH
AMENDMENT TO
EMPLOYMENT AGREEMENT
This Fourth Amendment (the "Amendment") is made and entered into as of
the ___ day of December, 1998 by and between WorldPort Communications, Inc., a
Delaware corporation ("WorldPort" or the "Company") and Xx. Xxxxxxx X. Xxxxxxx
("Executive") and amends that certain Employment Agreement dated as of January
1, 1998 between the Company and Executive (the "Employment Agreement").
WHEREAS, the parties have executed a First Amendment to Employment
Agreement on March 31, 1998, a Second Amendment to Employment Agreement on April
1, 1998, and a Third Amendment to Employment Agreement on September 29, 1998;
WHEREAS, the parties desire to further amend the Employment Agreement,
by amending Sections 4 and 8(d)(iii) and (iv) thereof;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. Section 4 of the Employment Agreement is hereby amended and
restated to read in its entirety as follows:
"The Executive shall serve in such capacities as may be
reasonably assigned to the Executive by the Board. In connection with
any such capacities, the Executive shall have such senior executive
duties, responsibilities and authority as may from time to time be
reasonably assigned to the Executive by the Board. The Executive shall
devote substantially all the Executive's working time and efforts to
the business and affairs of the Company."
2. Section 8(d)(iii) of the Employment Agreement is hereby
amended and restated to read in its entirety as follows:
"The refusal by the Executive to perform the
Executive's duties or responsibilities and, after notice from the
Company to the Executive, the Executive's continuing refusal to perform
his duties or responsibilities during the 48-hour period following the
giving of such notice;"
3. Section 8(d)(iv) of the Employment Agreement is hereby
amended and restated to read in its entirety as follows:
"The performance by the Executive of his duties or
responsibilities in a manner constituting gross negligence."
4. Except as otherwise amended hereby, all terms and provisions
of the Employment Agreement, as amended previously, shall continue in full force
and effect as stated therein. All capitalized terms used but not defined herein
shall have the meanings given in the Employment Agreement.
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the
day and year first above written.
WORLDPORT COMMUNICATIONS, INC.
By:
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Name: Xxxx X. Xxxxx
Title: Chief Executive Officer
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Xxxxxxx X. Xxxxxxx
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