Exhibit 10.1(b)
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SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
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This Agreement (the "Amendment") is a Second Amendment to the
Employment Agreement dated September 1, 1999 and as amended by the First
Amendment to the Employment Agreement dated March 6, 2002 (as amended, the
"Agreement") by and between X.X. Xxxxxxx (the "Executive") and Xxxxx/Xxxxxx,
Inc. and Xxxxx/Xxxxxx Consulting, Inc. (the "Company") which the parties have
made and entered into as of the 1st day of May, 2003.
INTRODUCTION
The Executive and the Company are parties to the Agreement pursuant to
which the Company offered employment to the Executive and the Executive accepted
such offer of employment on the terms set forth in the Agreement. The Company
and the Executive have mutually agreed on certain changes in the Executive's
perquisites. Accordingly, the Executive and the Company desire to amend
Paragraph 5(c) of the Agreement to confirm these changes.
TERMS OF AMENDMENT
1. Paragraph 5(c) is amended by deleting section 3 which currently reads:
"(3) provide the Executive with the use of an automobile that the
Company leases in its own name and for which the Company pays all
insurance premiums, and that is acceptable to the Company and to the
Executive, and the Company shall also pay all expenses for the upkeep
and operation of such automobile as documented by the Executive;".
2. Paragraph 5(c) is further amended by replacing section 3 with the
following:
"(3) provide the Executive a monthly automobile allowance in the amount
of $1,333.05 through the Company's payroll system and adjust the amount
of such allowance each subsequent March 1st while this agreement
remains in effect by the change in the Consumer Price Index and include
this allowance in the Executive's taxable compensation.
3. This Amendment shall be attached to and form a part of the Agreement
between the Executive and the Company. Except as modified by the
Amendment, the Agreement shall remain in full force and effect without
modification. This Amendment may be executed in one or more
counterparts, all of which taken together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, X.X. XXXXXXX AND XXXXX/XXXXXX, INC. HAVE DULY ACKNOWLEDGED
THIS AMENDMENT TO THE EMPLOYMENT AGREEMENT DATED SEPTEMBER 1, 1999 AND
ACKNOWLEDGE THAT EACH PARTY HAS READ, UNDERSTANDS AND ACCEPTS THE CONTENTS OF
THIS AMENDMENT, AND THAT EACH PARTY HAS EXECUTED THIS AMENDMENT EFFECTIVE AS OF
THE DATE FIRST WRITTEN ABOVE.
X.X. XXXXXXX XXXXX/XXXXXX, INC.
/s/ X.X. Xxxxxxx By: /s/ Xxxx Xxxxx
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7/8/03 Its: V.P. and Corporate Secretary
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Date
7/8/03
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Date
