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EX 10.26.1
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Amendment No. 1 dated as of February 1, 2000 (the "Amendment") to the
Employment Agreement and any exhibits thereto (the "Agreement") by and between
Universal Access, Inc., a Delaware corporation (the "Company") and Xxxx Xxxxxx
(the "Employee"). Any capitalized terms not defined herein shall have the
meanings assigned to those in the Agreement.
RECITALS
A. Company and Employee entered into the Agreement on November 16, 1998.
B. Company and Employee desire to amend the Agreement to reflect certain
changes agreed to by the Company and the Employee.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as
follows:
1. All references in the Agreement to "Senior Vice President of Sales and
Marketing" shall be deleted and replaced by references to "Vice President,
Business Development".
2. Section 6.3 of the Agreement is hereby deleted in its entirety and
replaced by the following:
6.3 Entire Agreement; Amendments, Etc. This Agreement and the
Indemnification Agreement dated as of January 7, 2000 between the Company
and Employee (as the Indemnification Agreement may be amended, restated or
otherwise modified) contain the entire agreement and understanding of the
parties hereto, and supercede all prior agreements and understandings
relating to the subject matter hereof and thereof. Except as provided in
Section 4.4(b), no modification, amendment, waiver or alteration of this
Agreement or any provision or term hereof shall in any event be effective
unless the same shall be in writing, executed by both parties hereto, and
any waiver so given shall be effective only in the specific instance and
for the specific purpose for which given.
3. Miscellaneous. Upon the execution and delivery of this Amendment, the
Agreement shall be amended and supplemented as set forth herein, as fully and
with the same effect as if the amendments and supplements made hereby were set
forth in the Agreement as of the date hereof. This Amendment and the Agreement
shall henceforth be read, taken and construed as one and the same instrument,
but this Amendment shall not operate so as to render invalid or improper any
action previously taken under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of February 1, 2000.
COMPANY: UNIVERSAL ACCESS, INC.,
a Delaware corporation
By: /s/ Xxxxxxx X. Xxxxx
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Name: Xxxxxxx X. Xxxxx
Title: President and CEO
EMPLOYEE: By: /s/ Xxxx X. Xxxxxx
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Xxxx Xxxxxx
