Exhibit 10.2
AGREEMENT
THIS AGREEMENT made and entered into as of this 5th day of June,
2002 by and among Forever Network, Inc., a Missouri corporation ("Forever")
and J. Xxxxx Xxxxxxx ("Xxxxxxx").
WHEREAS, Xxxxxxx entered into a certain Agreement Not to Compete (a
"Non-Compete") with SCI dated February 23, 1996 whereby SCI made certain
monthly payments to Xxxxxxx,
WHEREAS, Forever purchased the assets of the Xxxxxxxxxx Funeral
Home, Kirkwood, Missouri from SCI Missouri Funeral Services, Inc. ("SCI")
pursuant to an Asset Purchase Agreement of even date herewith ("Asset
Purchase Agreement"); and
WHEREAS, a material part of the consideration paid to SCI under the
Asset Purchase Agreement, was the release by Xxxxxxx of SCI's continuing
financial obligations under the Non-Compete.
NOW, THEREFORE, the parties hereto have agreed as follows:
1. In consideration of Xxxxxxx'x release of SCI under the
Non-Compete Agreement, Forever agrees to pay to Xxxxxxx the remaining
monthly payments as and when such payments would have been due to Xxxxxxx
under the terms of the Non-Compete Agreement, commencing with the June 23,
2002 monthly payment of $4,944.44 and equal payments on the 23rd day of each
month thereafter until the last monthly payment is made on February 23,
2006.
2. This Agreement may be executed in two or more counterparts
each of which shall be deemed to be an original, but which together shall
constitute the same instrument.
3. This Agreement is governed by the laws of the State of
Missouri.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first above written.
FOREVER NETWORK, INC.
By: /s/ Nekol Province
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Its: Vice President
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"Forever"
/s/ J. Xxxxx Xxxxxxx
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J. Xxxxx Xxxxxxx
"Xxxxxxx"
