1
EXHIBIT 10.56
AMENDMENT TO CONSULTING AGREEMENT
BETWEEN
AMERICAN COIN MERCHANDISING, INC., D/B/A SUGARLOAF CREATIONS, INC.
AND
XXXX X. XXXXXXXX
THIS AMENDMENT TO THE CONSULTING AGREEMENT (the "Amendment") is entered into as
of July 31, 2001 ("Amendment Effective Date"), between AMERICAN COIN
MERCHANDISING, INC., d/b/a SUGARLOAF CREATIONS, INC. (hereinafter called
"Employer") and Xxxx X. Xxxxxxxx (hereinafter called "Consultant"), and amends
that consulting agreement entered into by the parties as of December 1, 2000
("Original Agreement").
PRELIMINARY STATEMENT
The parties, for their mutual benefit, now wish to amend the Original Agreement.
Capitalized terms herein used which are not herein defined shall have the
respective meanings ascribed to them in the Original Agreement. All references
to the term "Agreement" in the Original Agreement shall be deemed to include all
of the terms and conditions of this Amendment.
NOW, THEREFORE, the parties agree as follows:
1. AMENDMENT. The parties agree to the following amendments to the
Original Agreement:
a. Section 6(d)(iv) ((d)(iv) of Confidential Information and
Noncompetition) of the Original Agreement is hereby deleted
and replaced in its entirety by the following:
"(i) Directly or indirectly disclose to any other person,
entity, partnership, or corporation the names of past or
present customers of Employer, or of any related company. The
parties agree that the names of these customers are
confidential and proprietary and constitute trade secrets of
Employer within the meaning of C.R.S. Section 8-2-113(2)(b)
and C.R.S. Section 7-74-102(4)."
2. COUNTERPARTS. This Amendment may be executed in counterparts, and by
each party wherever such party is located, and delivered by facsimile
telephonic transmission, and such execution and delivery shall be
legally binding on the parties to the same extent as if original
signatures in ink were delivered in person.
3. NO OTHER AMENDMENTS. Except as herein set forth, the Original Agreement
has not been modified and, as amended by this Amendment, remains of
full force and effect. To the extent there are any inconsistencies or
ambiguities between the specific subject matter of this Amendment and
the Original Agreement, the terms of this Amendment shall supersede the
Original Agreement.
1.
2
IN WITNESS OF THIS AMENDMENT WHEREOF, the parties have executed this Amendment
as of the day and year first above written.
EMPLOYER: AMERICAN COIN MERCHANDISING, INC.,
d/b/a SUGARLOAF CREATIONS, INC.
By: /s/ Xxxxxxx X. Xxxxxxx
--------------------------------
Xxxxxxx X. Xxxxxxx
Its: President and Chief
Executive Officer
CONSULTANT: /s/ Xxxx X. Xxxxxxxx
--------------------------------
Xxxx X. Xxxxxxxx
Address: 0000 Xxxxxxx Xxxxxx
Xxxxxxx, XX 00000
2.
