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EXHIBIT 10.35
AMENDMENT NO. 1 to EMPLOYMENT AGREEMENT
XXXXX X. XXXX
THIS AMENDMENT NO. 1 to EMPLOYMENT AGREEMENT is made and entered into
as of the 19th day of February 1998 by and between BROADWAY & SEYMOUR, INC.
("Employer") and XXXXX X. XXXX ("Employee") and amends and modifies the
Employment Agreement dated May 29, 1997 (the "Agreement") by and among Employer
and Employee. Capitalized terms used herein and not defined shall have the
meanings ascribed to such terms in the Agreement.
1. Section 2 shall be amended by deleting the phrase "one-year terms" and
replacing it with the phrase "two-year terms" and by deleting the
phrase "90 days" and replacing it with the phrase "180 days."
2. Section 5(c)(i) shall be amended by deleting subsections (A) and (B)
and replacing them with the following:
"two times (A) Employee's annual Base Salary as in effect immediately
prior to the date of such event, and (B) the aggregate amount of cash
bonuses paid to Employee in respect of the most recent fiscal year (or
in the event of a termination prior to a bonus being paid for 1998,
$50,000)."
3. Section 5(e) shall be amended by adding the following at the end
thereof:
"; provided, however, that for a two-year period following such
termination Employee shall continue as an employee of Employer for all
purposes (including without limitation Employer's benefits plans and
Employer's 1996 Stock Option Plan) and Employer shall pay to Employee
any portion of Employee's Base Salary (as in effect immediately prior
to such termination) not paid by the disability insurance carrier(s)
then providing coverage for Employer's executive officers."
4. Section 7 shall be amended by deleting the colon and adding the
following to the end of the introductory phrase:
"and for a period of two years following termination of employment
hereunder:"
5. Except as hereby amended, the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as the
date first above written.
BROADWAY & SEYMOUR, INC.
By: /s/ Xxxxxxx X. Xxxxxx /s/ Xxxxx X. Xxxx
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Xxxxxxx X. Xxxxxx Xxxxx X. Xxxx
Vice President