EXHIBIT 10.35
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Amendment No. 1 to Employment Agreement
This Amendment No. 1 to the Employment Agreement dated September 23, 2004 (the
"Amendment") is made by and between Trey Resources, Inc., f/k/a iVoice
Acquisition 1, Inc., a Delaware corporation (hereinafter referred to as the
"Company"), having an office at 000 Xxxxxxx 00, Xxxxxxx, Xxx Xxxxxx 00000 and
Xxxx Xxxxxx, with an office at 000 Xxxxxxxxxx Xxxxxxx, Xxxxxxxxxx, XX 00000.
(the "Executive").
W I T N E S S E T H :
WHEREAS, the Company and the Executive entered into an employment
agreement dated September 15, 2003 (the "Employment Agreement"), and
WHEREAS, the Company and the Executive wish to mutually amend this
Employment Agreement,
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and other good and valuable consideration, the receipt
sufficiency of which is hereby acknowledged, the parties agree as follows:
The terms and conditions as set forth below shall amend the Employment
Agreement:
1. Section 4(a) of the Employment Agreement shall be amended to read with the
additional language following this subsection:
Notwithstanding the provisions of Section 17, the fixed compensation to
be paid the Executive, as specified pursuant to this subsection, shall
accrue, but payment shall be deferred until such time as the Board of
Directors of the Company feel that the Company has sufficient financial
resources to pay such fixed compensation.
2. Section 4(b) of the Employment Agreement shall be deleted in its entirety and
replaced with the following language:
The Executive shall also be entitled to three weeks vacation, unlimited
sick leave and fringe benefits, (Health Insurance, Disability
Insurance, Auto Insurance, unaccountable travel expense allowance of
$600.00 per month, a car allowance of $800 per month and an Annual
Bonus) in accordance with Company policies and plans in effect, from
time to time, for officers and directors of the Company.
3. Section 15 shall be amended to delete the words: ". . . with a copy to
counsel to the Company at Xxxxx & Xxxxxx, P.C., 0 Xxxxxx Xxxxx, Xxx Xxxxx, Xxx
Xxxx 00000, Attention: Xxxxxxxx X. Xxxxx, Esq." and replaced with the words: ".
.. . with a copy to counsel to the Company at: Meritz & Xxxxx LLP, 0000 X Xxxxxx,
XX, Xxxxxxxxxx, XX 00000, Attention: Xxxxxxxx X. Xxxxx, Esq.
4. All other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
date first written above.
Trey Resources, Inc. Xxxx Xxxxxx
By: _________________ By: _________________
Xxxxxx Xxxxxxx
Non-executive
Chairman of the Board
Date: _______________ Date: _______________
