EXHIBIT 10.13
AMENDMENT AGREEMENT
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This Amendment Agreement, dated as of June 30, 2004 (the "Amendment"), is
made by and between Xxxxxxx X. Xxxxxxx (the "Employee") and ANTs software inc.,
a Delaware corporation (the "Company").
R E C I T A L
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WHEREAS, the parties hereto have agreed to amend the terms of that certain
Deferred Salary Agreement dated March 31, 2004 (the "Deferred Salary Agreement")
as set forth below;
NOW THEREFORE, in consideration of the agreements contained herein, and
intending to be legally bound hereby, the parties hereto agree as follows:
1. Amendment to the Deferred Salary Agreement. Section 1.3 of the Deferred
Salary Agreement is amended to read in full as follows:
1.3. Employee acknowledges and agrees that as of January 16, 2004
Employee's salary was set at Two Hundred Thousand dollars ($200,000) per annum,
subject to the Company's state, federal and other withholding obligations,
payable semi-monthly, and that Employee's salary shall remain at this level
until mutual agreement by and between the Employee and the Company. Employee
hereby waives his rights, if any, under the Separation Agreement entered into
between the parties on or about January 8, 2001.
2. This Amendment amends and is a part of the Deferred Salary Agreement. The
Deferred Salary Agreement as modified by this Amendment remains in full force
and effect among the parties.
3. The Amendment may be executed simultaneously in two or more counterparts,
each 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
agreement.
4. This Amendment shall be governed by and construed under the laws of the State
of California as applied to agreements among California residents entered into
and to be performed entirely within California.
5. If one or more provisions of this Amendment are held to be unenforceable
under applicable law, such provision, or such portion of such provision as may
be necessary, shall be excluded from this Amendment and the balance of the
Amendment shall be interpreted as if such provision were so excluded and shall
be thereafter enforceable in accordance with its terms.
6. In the event of any claim, dispute, litigation, arbitration or action
concerning or related to this Amendment, or any alleged breach of this
Amendment, the prevailing party shall be entitled to reasonable attorneys fees,
costs of suit and disbursements in addition to any other remedies or damages
which may be properly awarded or awardable.
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7. This Amendment is the entire agreement of the parties and supersedes any
prior agreements between them, whether written or oral, with respect to the
subject matter hereof.
8. The parties have had an opportunity for legal review of all of the terms
hereof. The parties therefore agree that, in interpreting any issues which may
arise, any rules of construction related to who prepared this Amendment or
otherwise are not intended and shall be inapplicable, each party having
contributed or having had the opportunity to contribute to clarify any issue,
and the parties hereto being joint authors hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed, on the day and year first above written.
ANTS SOFTWARE INC.
a Delaware Corporation
By: /s/ Xxxxxxx Xxxxxxx
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Xxxxxxx Xxxxxxx, Chief Financial Officer
and Secretary
Address: 000 Xxxxxx Xxxx, Xxxxx X
Xxxxxxxxxx, XX 00000
/s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx
Address: ________________________________________
________________________________________
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