EXHIBIT 10.1(a)
FIRST AMENDMENT TO
PRODUCTION AGREEMENT
This FIRST AMENDMENT ("Amendment") is made and entered into this 31st
day of July, 2003, by, between and among ADVANCED MEDIA, INC., a Delaware
corporation, formerly known as Advanced Knowledge, Inc. and doing business as
Advanced Media ("Advanced"), on the one hand, and, THE HATHAWAY GROUP, a New
York corporation ("Hathaway"), on the other hand, with respect to the following:
RECITALS
A. On January 5, 1998, Advanced and Hathaway March 18, 1998, Advanced
(then known as Advanced Knowledge, Inc., a Delaware corporation") executed a
Production Agreement ("Production Agreement"), pursuant to which Advanced and
Hathaway agreed to jointly produce six (6) work force training videos;
B. As of the date hereof, the parties have produced five (5) of the six
(6) videos and the Production Agreement expired by its own terms in January,
2000.
C. The parties mutually desire to ratify and confirm the Production
Agreement from January, 2000 to the date hereof and to amend the Production
Currently to extend the expiration date to December 31, 2005, all in accordance
with and upon the terms and conditions stated herein;
NOW THEREFORE, in consideration of mutual promises and covenants, and
conditions herein contained, the parties agree as follows:
1. Recitals. The recitals stated above are incorporated herein by this
reference as if set forth in full at this point.
2. Ratification and Confirmation. Upon execution of this Amendment, the
parties ratify and confirm that from January, 2000, to the date hereof, the
Production Agreement was in full force and effect and that they shall be bound
by it with regard to any productions generated by them during that time frame.
3. Amendment and Extension of Expiration Date. Upon execution of this
Amendment, the parties amend, retroactively if necessary, the term of the
Agreement thereby extending the expiration date to December 31, 2005.
1
4. No Other Changes. The ratification and confirmation of the Agreement
and the extension of the expiration date of the Agreement are and shall be the
only changes, modifications, amendments or alterations to or of the terms and
conditions of the Agreement. Except for the extension of the expiration date,
all other terms and conditions of the Agreement shall remain unchanged and in
full force and effect.
5. Other Terms Unchanged. Except as expressly modified herein, the
balance of the terms of the Agreement shall remain unchanged by this Amendment
and shall be in full force and effect.
..
The parties hereto have executed this Amendment as set forth below, and
the effective date of this Amendment shall be the latest date of execution.
"Advanced":
Advanced Media, Inc.,
a Delaware corporation
/S/ XXXXX XXXXX
---------------------------
XXXXX XXXXX, President
"Hathaway":
The Hathaway Group, Inc.,
A New York corporation
/S/ XXXXX XXXXXX
---------------------------
XXXXX XXXXXX, President
2
