EXHIBIT 10.1A
AMENDMENT TO EMPLOYMENT AGREEMENT
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THIS AMENDMENT ("AMENDMENT") is made as of the 31st day of May, 2002, by
and between RETURN ON INVESTMENT CORPORATION, a corporation organized and
existing under the laws of the State of Delaware (hereinafter referred to as the
"Employer") and XXXXXXX XXXXXXX, XX., an individual resident of Georgia
(hereinafter referred to as the "Employee").
W I T N E S S E T H:
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WHEREAS, Employee and the Employer have entered into that certain
Employment Agreement dated January 18, 2002 (the "Employment Agreement"); and
WHEREAS, the Employer and the Employee desire to amend certain terms and
conditions of the Employment Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt,
adequacy and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Notwithstanding anything contained in the Employment Agreement,
effective as of July 1, 2002, Employee shall no longer serve as Chief Executive
Officer, but shall be employed as the Chairman of the Board of Employer.
2. On June 30, 2002, Employee shall be paid a bonus of $35,000.00 by
Employer as payment in full of the quarterly and annual incentive compensation
accrued under the 2000 Agreement (as defined in the Employment Agreement) for
the period July 1, 2001 through January 31, 2002 (the "Incentive Compensation").
Employee's outstanding advance of $20,300.00 shall be deducted from Employee's
net payroll amount on said date.
3. For good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged by the parties hereto, Employer
does hereby release, acquit, and forever discharge, and does for itself, its
subsidiaries, its predecessors, and its agents and assigns, release acquit and
forever discharge Employee and his agents and heirs, of and from any and all
liability, loss, cost, claim, or demand, and any and all manner of actions,
causes of action, suits, debts, sums of money, accounts, covenants, agreements,
promises and damages (whether grounded in tort, contract, quasi contract or
equity, or on any local, state, or federal statute, rule, or regulation or
otherwise), known or unknown, of whatever kind or nature, from the beginning of
the world to the date hereof, which any of them has heretofore had, now has, or
may in the future have whatsoever, in law or in equity or otherwise against
Employee related to Employee's employment through January 31, 2002 by Employer,
its predecessors, and its subsidiaries.
4. For good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged by the parties hereto, Employee
does hereby release, acquit, and forever discharge, and does for himself and his
agents and assigns, release acquit and forever discharge Employer and its
predecessors and subsidiaries and their respective officers, directors, agents,
and assigns, of and from any and all liability, loss, cost, claim, or demand,
and any and all manner of
actions, causes of action, suits, debts, sums of money, accounts, covenants,
agreements, promises and damages (whether grounded in tort, contract, quasi
contract or equity, or on any local, state, or federal statute, rule, or
regulation or otherwise), known or unknown, of whatever kind or nature, from the
beginning of the world to the date hereof, which Employee has heretofore had,
now has, or may in the future have whatsoever, in law or in equity or otherwise
against any of them related to Employee's employment through January 31, 2002 by
Employer, its predecessors, and its subsidiaries, except for the obligation to
pay the Incentive Compensation.
5. All other terms and conditions of the Employment Agreement remain in
full force and effect.
IN WITNESS WHEREOF, the Employer has caused this Amendment to be executed
by its duly authorized representative and the Employee has executed this
Amendment as set forth below.
RETURN ON INVESTMENT CORPORATION
By: /s/ Xxxxxxx X. XxXxxxxxx
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Xxxxxxx X. XxXxxxxxx, Chairman
By: /s/ Xxxx Xxxxxxx
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Xxxx Xxxxxxx, President
[CORPORATE SEAL]
EMPLOYEE:
/s/ Xxxxxxx Xxxxxxx, Xx. [SEAL]
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Xxxxxxx Xxxxxxx, Xx.
