Exhibit 10.34
FIRST AMENDMENT
TO EMPLOYMENT AGREEMENT
This Amendment to Employment Agreement ("this Amendment") dated as of
April 30, 1996, is between MOLECULAR BIOSYSTEMS, INC., a Delaware Corporation
(the "Corporation") and XXXXX XXXXXXXXXX ("Employee").
RECITALS
A. The Corporation and the Employee are parties to an Employment
Agreement effective November 1, 1995 ("the Agreement").
B. Paragraph 7 (a) provides in part: "This Agreement may not be
changed... but only by way of an instrument in writing signed by the parties
referring to this Agreement."
C. The Corporation and the Employee wish to amend the Agreement with
respect to the Employee's home in Pennsylvania
THEREFORE, in consideration of the mutual promises contained herein and in
the Agreement, the Corporation and the Employee agree as follows:
1. Paragraph 5(f)(i) shall be stricken in its entirety and replaced by
the following:
f. REAL ESTATE
(i) The Employee shall be responsible for sale of Employee's home
located at 000 Xxxx Xxxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxxxxx 00000. If
the Employee's home is sold on or before April 30, 1998, the
Corporation shall be responsible for paying the non-recurring costs
which are incurred by Employee in the sale of the home. These costs
shall include costs which are normally borne by the seller of a home,
such as real estate agent fees, escrow fees and closing costs. The
Employee shall be responsible for these costs if the home is sold
after the above date. The Corporation shall also be responsible for
paying all reasonable expenses for storage, movement and insurance of
household goods incurred in connection with the sale of Employee's
home whether or not the home is sold before April 30, 1998. For the
purposes of this paragraph, the home will be considered "sold" when
the sales contract is signed and the escrow period closes.
The Corporation shall not be required to pay for the services of a
professional property management company to maintain, market, or
sell the Employee's home.
AGREED:
MOLECULAR BIOSYSTEMS, INC.
/s/ Xxxxxx Xxxxxx
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Xxxxxx Xxxxxx
Vice President, Legal Affairs and
General Counsel
/s/ Xxxxx Xxxxxxxxxx
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Xxxxx Xxxxxxxxxx
