EXHIBIT 10.35
THE ADVISORY BOARD COMPANY
000 XXX XXXXXXXXX XXXXXX, X.X.
WASHINGTON, D.C. 20037
October 25, 2001
The Corporate Executive Board Company
0000 Xxxxxxxxxxxx Xxxxxx, X.X.
Washington, D.C. 20006
Attention: Xxxxx X. XxXxxxxxx,
Chairman and Chief Executive Officer
Re: Non-Competition Agreement by and among The Corporate Executive Board
Company, The Advisory Board Company and Xxxxx X. Xxxxxxx
Dear Xxxxx:
Effective as of January 1, 1999, The Advisory Board Company ("ABC"),
entered into a Non-Competition Agreement (the "Agreement") with The Corporate
Executive Board Company ("CEB"), and Xxxxx X. Xxxxxxx ("Xxxxxxx"). Section 5 of
the Agreement provides that the term of the Agreement shall end on the date that
is five years after January 1, 1999.
This letter confirms that, in consideration of the benefits which each
of CEB and ABC draw from the Agreement, CEB and ABC have agreed to amend Section
5 of the Agreement to provide that the term of the Agreement, solely with
respect to the rights and obligations as between CEB and ABC, shall end on
January 1, 2007. Nothing in this letter shall be deemed to amend, waive, void or
extend the term of the Agreement with respect to Xxxxxxx'x rights or obligations
under the Agreement.
Please indicate your agreement with the foregoing by signing and
returning one copy of this letter, which will constitute our agreement with
respect to the subject matter hereof.
Very truly yours,
THE ADVISORY BOARD COMPANY
By: /s/ XXXXXXX X. XXXXXX
----------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Chairman
ACCEPTED AND AGREED:
THE CORPORATE EXECUTIVE BOARD COMPANY
By: /s/ XXXXX X. XxXXXXXXX
---------------------------------
Name: Xxxxx X. XxXxxxxxx
Title: Chairman and Chief Executive Officer
Dated: October 25, 2001
