Exhibit 10.1
AMENDMENT
TO
EMPLOYMENT AGREEMENT
This Amendment (this "Amendment"), dated March 28, 2005, amends that
certain Employment Agreement (the "Employment Agreement") dated as of August 22,
2003 by and between InfoNow Corporation, a Delaware corporation (the "Company")
and Xxxx X. Xxxxx ("Employee").
RECITALS
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A. The parties hereto are parties to the Employment Agreement.
B. The parties desire to amend the Employment Agreement to reflect
Employee's position with the Company as Executive Vice President of Field and
Client Operations.
AGREEMENT
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Therefore, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
Section 1. Amendment to Section 2. Section 2 shall be amended by amending
and restating the first sentence of Section 2 in its entirety to read as
follows:
"Employee shall be employed by the Company as its Executive Vice President
of Field and Client Operations."
Section 2. Amendment to Section 5(d) i. Section 5(d) i shall be amended by
amending and restating the first sentence of Section 5(d) i in its entirety to
read as follows:
"Employee is assigned any responsibility or duty materially inconsistent
with his position, duties and responsibilities as Executive Vice President of
Field and Client Operations of the Company if such event shall continue for a
period of 10 days following written notice from Employee to the company,"
Section 3. Governing Law. This Amendment shall be governed by and construed
and enforced in accordance with the laws of the State of Colorado.
Section 4. Effect of Amendment. Except as expressly set forth in this
Amendment, this Amendment shall not modify or amend any of the terms,
conditions, covenants or agreements contained in the Employment Agreement, all
of which are ratified and confirmed in all respects and shall continue in full
force and effect.
Section 5. Counterparts. This Amendment may be executed simultaneously in
two or more counterparts, any one of which need not contain the signatures of
more than one party, but all such counterparts taken together shall constitute
one and the same Amendment. This Amendment may be delivered by facsimile, and
facsimile signatures will be treated as original signatures for all applicable
purposes.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Employment Agreement on the day and year first above written.
Company:
InfoNow Corporation
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
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Title: Chief Executive Officer
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Employee:
By: /s/ Xxxx X. Xxxxx
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Name: Xxxx X. Xxxxx
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3-30-05
