Exhibit 10.1
AMENDMENT TO TRANSITION SERVICES, EMPLOYMENT AND CONSULTING
AGREEMENT
This AMENDMENT TO TRANSITION SERVIES, EMPLOYMENT AND CONSULTING AGREMENT
(this "AMENDMENT"), dated as of April 2, 2001, is entered into by and between
PLM International, Inc. a Delaware corporation ("COMPANY"), and Xxxxx X. Xxxxx
an employee of Company ("EMPLOYEE").
WHEREAS, the Company and Employee are parties to that certain Transition
Services, Employment and Consulting Agreement (the "Agreement") dated January 5,
2001; and
WHEREAS, the Company and Employee wish to amend the Agreement as set forth
herein.
NOW, THEREFORE, in consideration of the foregoing premises and the
representations, warranties and agreements contained herein and for other good
and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto, intending to be legally bound, agree as
follows:
1. Services.
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(a) Section 1(a) of the Agreement is hereby amended by deleting the words
"Closing Date (as defined in the Merger Agreement" and replacing them with
"April 13, 2001."
(b) Section 1(b) of the Agreement is hereby amended by deleting the words
"Closing Date (as defined in the Merger Agreement)" and replacing them with
"April 13, 2001"
2. Miscellaneous.
(a) Governing Law. This Amendment shall be governed in all respects by the
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laws of the State of California (without giving effect to the provisions thereof
relating to the conflicts of law). The exclusive venue for the adjudication of
any dispute or proceeding arising out of this Amendment or the performance
hereof shall be the courts located in San Francisco County, California, and the
parties hereto each consents to and hereby submits to the jurisdiction of any
state or federal court located in San Francisco County, California.
(b) Counterparts; Facsimile Signature. This Amendment may be executed in
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two or more counterparts which together shall constitute a single agreement.
Execution of this Agreement may be made by facsimile signature which, for all
purposes, shall be deemed to be an original signature.
IN WITNESS WHEREOF, Company and Employee have caused this Amendment to
Transition Services, Employment and Consulting Agreement to be duly executed and
delivered as of the date first written above.
PLM INTERNATIONAL, INC.
By: / s / Xxxxxxx X. Xxxx
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Name: Xxxxxxx X. Xxxx
Title: President
EMPLOYEE:
/ s / Xxxxx X. Xxxxx
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ACKNOWLEDGED, AGREED AND CONSENTED
TO AS OF THE DATE FIRST WRITTEN ABOVE:
MILPI ACQUISITION CORP.
By: / s / Xxxxx X. Xxxxx
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Name: Xxxxx X. Xxxxx
Title: Vice President
