Exhibit 10.41
AMENDMENT TO CONSULTANT AGREEMENT
EFFECTIVE DATE: December 30, 1997
PARTIES:
Sparta Foods, Inc.
0000 Xxxxx Xxxxxx XX
Xxx Xxxxxxxx, XX 00000
Fax Number: (000) 000-0000 ("Sparta")
Catalina Specialty Foods, Inc.
0000 Xxxxxx Xxxxxx
Xx. Xxxx, XX 00000
Fax Number: (000) 000-0000 ("Consultant")
RECITALS:
A. Sparta and Consultant are parties to that certain Consultant Agreement
dated January 1, 1996 (the "Agreement") as previously amended.
B. The parties desire to extend the term of the Agreement pursuant to the
terms and provisions contained herein.
AGREEMENT:
In consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Extension of term. The parties hereby agree that the Agreement shall be
renewed for an additional one (1) year term to expire at the end of business on
December 31, 1998, unless terminated earlier pursuant to the terms of Section 10
of the Agreement.
2. Compensation. Section 4 of the Agreement is hereby amended in its
entirety to read as follows:
Sparta shall pay Consultant a base consulting fee of Eighty Thousand
Dollars ($80,000) for the calendar year January 1, through December 31,
1998. Such amount shall be paid every two weeks during calendar year 1998
(in the amount of $3,076.92), payable in arrears on the same date as Sparta
pays its employee payroll obligations. Any amount not paid when due shall
be subject to a late payment fee computed daily at a rate equal to eighteen
percent (18%) per annum or the highest rate permitted under applicable
usury law.
Consultant shall be eligible for a bonus if the bonus criteria set forth on
Exhibit B attached hereto is met (the "Bonus").
3. Exhibit B. Exhibit B is hereby revised in its entirety and revised
Exhibit B attached hereto shall supersede and take the place of Exhibit B to the
Agreement.
4. Continuing Effect of Agreement. The Agreement shall continue in full
force and effect, without amendment, through December 31, 1997. For calendar
year 1998, the Agreement shall continue in full force and effect except as
expressly amended in this Amendment. All provisions contained in Section 12 and
Section 13 of the Agreement shall apply to this Amendment.
The parties hereto have caused this Amendment to be executed by their duly
authorized representative to be effective as of the day and year first above
written.
CATALINA SPECIALTY FOODS, INC.
("Consultant")
By /s/ Xxxx Xxxxxxxxx Xxxxx
Xxxx Xxxxxxxxx Xxxxx, President
SPARTA FOODS, INC.
("Sparta")
By /s/ Xxxx X. Xxxxxx
Xxxx X. Xxxxxx, President and CEO
The undersigned does hereby agree to continue to be bound by the provisions
of Section 2(j), Section 6 and Section 11(c) as it applies to Section 6 of the
Agreement as amended herein.
/s/ Xxxx Xxxxxxxxx Xxxxx
XXXX XXXXXXXXX XXXXX
