Exhibit 10.4
AMENDMENT
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TO AGREEMENT BETWEEN THE
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DEVELOPMENT CORPORATION OF HARLINGEN, INC.
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AND RMH TELESERVICES. INC.
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On the 28th day of February , 2001 this AMENDMENT TO THE AGREEMENT BETWEEN
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THE DEVELOPMENT CORPORATION OF HARLINGEN, INC. AND RMH TELESERVICES, INC.
(hereinafter "Amendment") amends the Agreement Between the Development
Corporation of Harlingen, Inc. and RMH Teleservices, Inc. dated September 22,
2000 and was entered into by the DEVELOPMENT CORPORATION OF HARLINGEN, INC.
(hereinafter "DEVELOPMENT CORPORATION") and RMH TELESERVICES, INC., a
Pennsylvania corporation (hereinafter "RMH"), on the following terms and
conditions:
1. Commission Approval: This Amendment is subject to the express approval
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of the Elective Commission of the City of Harlingen. Failure to receive such
approval shall render this Amendment null and void.
2. Funding: Based upon the representations, inducements and commitments
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by RMH, both set forth herein and in other representations made and documents
provided to the DEVELOPMENT CORPORATION by RMH, the DEVELOPMENT CORPORATION
agrees to amend the grant of funding to RMH as
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Agreement Between The Development Corporation Of Harlingen, Page 1
Inc. And RMH Teleservices, Inc.
follows:
The DEVELOPMENT CORPORATION shall fund Two Hundred
Fifty Thousand And No/lOOths Dollars ($250,000.00) to
RMH, to hire and maintain continuously a minimum of
three hundred (300) full time equivalent employees, by
January 15, 200l upon presentation of a signed lease
agreement for a minimum of five (5) years and upon
presentation of sworn statement(s) detailing RMH's
hiring of three hundred (300) new full time equivalent
employees, the dates of their employment at the
Harlingen operation, and the salaries and benefits of
each new employee and that they correspond to the
salaries and benefits represented in Exhibit "A" to the
Agreement hereby amended, and that there are no plans
to discharge any of these employees. The remaining Two
Hundred Fifty Thousand And No/l00ths Dollars
($250,000.00), [which was to be funded as part of the
initial Five Hundred Thousand And No/l00ths Dollars
($500,000.00) payment upon RMH's commencing operations
as defined in paragraph 3(e) of the Agreement], shall
be funded to RMH upon its having hired and continuously
maintained five hundred (500) full-time equivalent
employees (the original 300 full time equivalent
employees described above plus 200 more full-time
equivalent employees) for a period of thirty (30) days.
This provision amends paragraphs 2,2(a), 3(b), and 3(e) to the extent that they
are inconsistent with the provisions stated above. This Amendment is intended to
help RMH by partially funding the initial payment because of delays experienced
by RMH that were unanticipated and not caused by RMH.
3. All Other Terms Unchanged: In all other terms and respects, the
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initial Agreement remains unchanged and RMH must meet all the requirements
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Amendment To The Agreement Between The Development Page 2 of 3
Corporation Of Harlingen, Inc. And RMH Teleservices, Inc.
therein for further funding and/or to avoid default.
4. Parties Bound And Assignment: This Agreement shall be binding upon and
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shall inure to the benefit of the parties hereto, their successors and
assigns. RMH may not assign this Amendment or any of their rights hereunder
without the prior written consent of the DEVELOPMENT CORPORATION, which shall
not unreasonably be withheld.
5. Authorization: The parties acknowledge and represent to each other
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that the persons who executed this Amendment were duly authorized to do so on
behalf of each party.
Executed at and performable in Harlingen, Cameron County, Texas.
DEVELOPMENT CORPORATION RMH TELESERVICES, INC.,
OF HARLINGEN, INC.
BY: /s/ [Illegible] BY: /s/ Xxxxxxx X. Xxxxxxx
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ITS: PRESIDENT ITS: Executive Vice President
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CITY OF HARLINGEN
BY: /s/ [ILLEGIBLE]
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ITS: MAYOR
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Agreement Between The Development Corporation Of Harlingen, Page 3
Inc. And RMH Teleservices, Inc.
