amended unless in
writing signed by the parties.
17. Employee's Certification. Employee HEREBY CERTIFIES THAT:
(A)
EMPLOYEE RECEIVED A COPY OF THIS AGREEMENT AND THE CONFIDENTIALITY
AGREEMENT FOR REVIEW AND STUDY BEFORE HE/SHE WAS ASKED TO EXECUTE THEM;
(B)
EMPLOYEE HAS READ SUCH AGREEMENTS CAREFULLY;
(C)
EMPLOYEE HAS HAD
SUFFICIENT OPPORTUNITY BEFORE HE/SHE EXECUTED SUCH AGREEMENTS TO ASK QUESTIONS
ABOUT NOT ONLY COMPANY, BUT ALSO THE PROVISIONS OF SUCH AGREEMENTS AND THAT IF
HE/SHE ASKED SUCH QUESTIONS HE/SHE RECEIVED COMPLETE AND SATISFACTORY ANSWERS TO
SAME;
(D)
EMPLOYEE HAS BEEN AFFORDED THE OPPORTUNITY TO DISCUSS AND REVIEW
THIS AGREEMENT AND THE CONFIDENTIALITY AGREEMENT WITH AN ATTORNEY OF HIS/HER
CHOICE;
(E)
EMPLOYEE UNDERSTANDS WHAT HIS/HER RIGHTS ARE UNDER THE
AGREEMENTS AS WELL AS HIS/HER OBLIGATIONS, ESPECIALLY THE ANCILLARY COVENANTS;
AND
(F)
EMPLOYEE HAS READ AND UNDERSTANDS EACH AND EVERY PROVISION OF THE
AGREEMENTS AND DOES HEREBY ACCEPT AND AGREE TO THE SAME.
IN WITNESS WHEREOF, Employee has, on the date set forth below, affixed
his/her hand and Company has caused this Agreement to be executed by a duly
authorized officer, on the date set forth below.
Employee:
Date: December 20, 2004
/s/ Brian Fontana
Signature
Brian Fontana
Company:
Date: December 20, 2004
By
/s/ James H. Long
James H. Long,
President and Chief Executive Officer
Attachment "A"
To Employment Agreement
Salary shall be fifteen thousand eight hundred thirty three and 34/100 dollars
($15,833.34) per month, payable in accordance with Company's standard pay
policies and procedures, which currently provide for a semi-monthly payroll
period. Pay shall be prorated for any partial pay period, if any. In addition to
salary, an annual bonus shall be paid, the amount and terms of which shall be
set from time to time in writing by the compensation committee of the board of
directors of the Company.