AMENDMENT NO. 1
TO
CONSULTING AGREEMENT
This AMENDMENT NO. 1 TO CONSULTING AGREEMENT ("Agreement"), dated as of
December 23, 1999, by and between AMERICAN KIOSK CORPORATION, a Delaware corporation
(the "Company"), and XXXXXX X. XXXXXXX ("Xxxxxxx").
W I T N E S S E T H
WHEREAS, the Company and the Xxxxxxx are parties to a Consulting Areement, dated as of
December 8, 1999 (the "Consulting Agreement"); and
WHEREAS, the Company and Zero's Mr. Submarine, Inc., a Virginia corporation ("Zeros"),
are parties to a certain asset purchase agreement, dated as of December 8, 1999 (the "Purchase
Agreement"); and
WHEREAS, the effectiveness of the Purchase Agreement is contingent upon the approval of
the stockholders of Zeros; and
WHEREAS, the Company and Xxxxxxx have agreed to amend the Consulting Agreement to
provide that the Term, as defined therein, shall commence upon the approval of the Zeros stockholders
of the Purchase Agreement.
NOW, THEREFORE, for good and valuable considerations, the receipt and adequacy of which
are hereby acknowledged by each of the parties hereto, the parties hereby agree as follows:
1. Section 2 of the Consulting Agreement is hereby amended in its entirety as follows:
"The term of this Agreement shall commence on the date the stockholders of Zero's
Mr. Submarine, Inc., a Virginia corporation ("Zeros"), approve the terms and conditions of that
certain Asset Purchase Agreement, by and among the Company, Xxxxxxx, Xxxxxx Xxxxxxxx, Xxxx
Xxxxxxx and X.S., Inc., and shall continue for a period of five (5) years thereafter (the "Term")."
2. Subject to the modification set forth herein, the Consulting Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first
set forth above.
AMERICAN KIOSK CORP.
By:
Xxxxx X. Xxxxxxxx, Chief Financial Officer
_______________________________________
Xxxxxx X. Xxxxxxx
