EXHIBIT 10.4
AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN XXXXXXX.XXX, INC. AND XXXXX X. XXXXXXX
THIS AMENDMENT (the "Amendment") to the Employment Agreement effective
January 22, 1998 (the "Agreement"), between Xxxxxxx.xxx, Inc. (f/k/a Egghead,
Inc.) (the "Company") and Xxxxx X. Xxxxxxx ("Executive"), is made and entered
into effective as of January 28, 1999 (the "Amendment Date").
1. TERMINATION PRIOR TO THE END OF TERM. The first sentence of Section
4.1(a)(ii) is hereby amended by inserting the phrase "to terminate this
Agreement without cause" directly after the phrase "In the event that the
Company exercises its right".
2. TERMINATION PRIOR TO THE END OF TERM. The second sentence of Section
4.1(b) is hereby amended by deleting the phrase,
"Executive is relocated to a facility other than the Company's
headquarters in Spokane, Washington",
and inserting in lieu thereof the phrase,
"Executive is relocated to a location of the Company that is not
within fifty miles of either Spokane, Washington or Portland, Oregon".
3. SEVERANCE BENEFITS; CHANGE IN CONTROL. The following parenthetical in
the first sentence of Section 4.2(a) is hereby deleted: "(the 'Initial
Period')." The first sentence of Section 4.2(b) is hereby amended by deleting
the phrase "prior to the end of the Initial Period," and inserting in lieu
thereof the phrase, "prior to the first anniversary of the Termination Date
(such period, the "Initial Period"), then from the end of the Initial Period".
4. SEVERANCE BENEFITS; CHANGE IN CONTROL. A new section 4.2(f) shall be
added as follows:
f) The Company and Executive shall enter into an Escrow Agreement in
substantially the form attached hereto as Attachment B for the purpose of
holding any sums that may become payable pursuant to Section 4.2(a) in the event
of a termination or resignation.
5. CONFIRMATION. Except as expressly modified by this Amendment, all
terms and conditions in the Agreement are hereby confirmed and remain in full
force and effect.
IN WITNESS WHEREOF, this Amendment is entered into as of the Amendment
Date.
EXECUTIVE XXXXXXX.XXX, INC.
/s/ Xxxxx X. Xxxxxxx /s/ Xxxxxx X. Xxxxx
___________________________ By: ____________________________
Name: Xxxxx X. Xxxxxxx Xxxxxx X. Xxxxx
Date: January 28, 1999 Chairman and Chief Executive Officer
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AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN XXXXXXX.XXX, INC. AND XXXXXX X. XXXXXXXXX
THIS AMENDMENT (the "Amendment") to the Employment Agreement effective
January 22, 1998 (the "Agreement"), between Xxxxxxx.xxx, Inc. (f/k/a Egghead,
Inc.) (the "Company") and Xxxxxx X. Xxxxxxxxx ("Executive"), is made and entered
into effective as of January 28, 1999 (the "Amendment Date").
1. TERMINATION PRIOR TO THE END OF TERM. The first sentence of Section
4.1(a)(ii) is hereby amended by inserting the phrase "to terminate this
Agreement without cause" directly after the phrase "In the event that the
Company exercises its right".
2. TERMINATION PRIOR TO THE END OF TERM. The second sentence of Section
4.1(b) is hereby amended by deleting the phrase,
"Executive is relocated to a facility other than the Company's
headquarters in Spokane, Washington",
and inserting in lieu thereof the phrase,
"Executive is relocated to a location of the Company that is not
within fifty miles of either Spokane, Washington or Portland, Oregon".
3. SEVERANCE BENEFITS; CHANGE IN CONTROL. The following parenthetical in
the first sentence of Section 4.2(a) is hereby deleted: "(the 'Initial
Period')." The first sentence of Section 4.2(b) is hereby amended by deleting
the phrase "prior to the end of the Initial Period," and inserting in lieu
thereof the phrase, "prior to the first anniversary of the Termination Date
(such period, the "Initial Period"), then from the end of the Initial Period".
4. SEVERANCE BENEFITS; CHANGE IN CONTROL. A new section 4.2(f) shall be
added as follows:
f) The Company and Executive shall enter into an Escrow Agreement in
substantially the form attached hereto as Attachment B for the purpose of
holding any sums that may become payable pursuant to Section 4.2(a) in the event
of a termination or resignation.
5. CONFIRMATION. Except as expressly modified by this Amendment, all
terms and conditions in the Agreement are hereby confirmed and remain in full
force and effect.
IN WITNESS WHEREOF, this Amendment is entered into as of the Amendment
Date.
EXECUTIVE XXXXXXX.XXX, INC.
/s/ Xxxxxx X. Xxxxxxxxx /s/ Xxxxxx X. Xxxxx
___________________________ By: ____________________________
Name: Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxx
Date: January 28, 1999 Chairman and Chief Executive Officer
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AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN XXXXXXX.XXX, INC. AND XXXXX X. XXXXXXX
THIS AMENDMENT (the "Amendment") to the Employment Agreement effective
January 22, 1998 (the "Agreement"), between Xxxxxxx.xxx, Inc. (f/k/a Egghead,
Inc.) (the "Company") and Xxxxx X. Xxxxxxx ("Executive"), is made and entered
into effective as of January 28, 1999 (the "Amendment Date").
1. TERMINATION PRIOR TO THE END OF TERM. The first sentence of Section
4.1(a)(ii) is hereby amended by inserting the phrase "to terminate this
Agreement without cause" directly after the phrase "In the event that the
Company exercises its right".
2. TERMINATION PRIOR TO THE END OF TERM. The second sentence of Section
4.1(b) is hereby amended by deleting the phrase,
"Executive is relocated to a facility other than the Company's
headquarters in Spokane, Washington",
and inserting in lieu thereof the phrase,
"Executive is relocated to a location of the Company that is not
within fifty miles of either Spokane, Washington or Portland, Oregon".
3. SEVERANCE BENEFITS; CHANGE IN CONTROL. The following parenthetical in
the first sentence of Section 4.2(a) is hereby deleted: "(the 'Initial
Period')." The first sentence of Section 4.2(b) is hereby amended by deleting
the phrase "prior to the end of the Initial Period," and inserting in lieu
thereof the phrase, "prior to the first anniversary of the Termination Date
(such period, the "Initial Period"), then from the end of the Initial Period".
4. SEVERANCE BENEFITS; CHANGE IN CONTROL. A new section 4.2(f) shall be
added as follows:
f) The Company and Executive shall enter into an Escrow Agreement in
substantially the form attached hereto as Attachment B for the purpose of
holding any sums that may become payable pursuant to Section 4.2(a) in the event
of a termination or resignation.
5. CONFIRMATION. Except as expressly modified by this Amendment, all
terms and conditions in the Agreement are hereby confirmed and remain in full
force and effect.
IN WITNESS WHEREOF, this Amendment is entered into as of the Amendment
Date.
EXECUTIVE XXXXXXX.XXX, INC.
/s/ Xxxxx X. Xxxxxxx /s/ Xxxxxx X. Xxxxx
___________________________ By: ____________________________
Name: Xxxxx X. Xxxxxxx Xxxxxx X. Xxxxx
Date: January 28, 1999 Chairman and Chief Executive Officer
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