Agreement
Exhibit
10.95
This
Agreement is entered into on February 8, 2007, to be effective as of January
1,
2007, by and between Xfone,
Inc.
(“Xfone”), Swiftnet
Limited
(“Swiftnet”), Campbeltown
Business, Ltd.
(“Campbeltown Business”), and Xx.
Xxxxxxx Xxxxxx
(“Xx.
Xxxxxx”).
WHEREAS,
reference is made to that certain Agreement dated May 11, 2000, by and between
Swiftnet, Xx. Xxxxxx, and Campbeltown Business (the “Consulting Agreement”);
and
WHEREAS,
reference is made to that certain resolution of the Board of Directors of Xfone,
dated April 2, 2002, which provided that if Xfone receives monthly revenues
in
excess of $485,000 then each of Xx. Xxxxxx and Campbeltown Business shall
receive, as a bonus and success fee, 1% of the revenues for each month where
Xfone’s revenues reach $485,000, up to a maximum of one million dollars (the
“Bonus and Success Fee”); and
WHEREAS,
in light of certain resolutions approved and adopted by the Board of Directors
of Xfone on December 25, 2006, and February 4, 2007, Xfone and/or Swiftnet
and/or Campbeltown Business and/or Xx. Xxxxxx desire to cancel the Bonus and
Success Fee, and to terminate the Consulting Agreement, effective as of January
1, 2007.
NOW,
THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the parties do hereby agree as follows:
1. Cancellation
of the Bonus and Success Fee.
Effective January 1, 2007, the Bonus and Success Fee is hereby cancelled, and
Campbeltown Business and Xx. Xxxxxx shall have no further right to any
percentage of Xfone’s revenues.
2. Termination
of the Consulting Agreement.
Effective January 1, 2007, the Consulting Agreement is hereby terminated.
3. Execution.
This
Agreement may be executed simultaneously in multiple counterparts, each of
which
will be deemed an original, but all of which together shall constitute one
and
the same instrument. The parties hereto agree to accept facsimile signatures
as
an original signature.
Xfone,
Inc.
|
Swiftnet
Limited
|
By:
/s/ Xxx Xxxxxxxxx
|
By:
/s/
Xxxxxxx Xxxxxx
|
Name:
Xxx Xxxxxxxxx
|
Name:
Xxxxxxx Xxxxxx
|
Title: President and CEO | Title: Chairman of the Board |
Campbeltown
Business, Ltd.
|
Xxxxxxx
Xxxxxx
|
By:
/s/
Xxxx Xxxxxxxxx
|
/s/
Xxxxxxx Xxxxxx
|
Name:
Xxxx Xxxxxxxxx
Title:
Managing Director