WITHOUT LIMITATION ANY AND ALL MONETARY DAMAGES
WHICH TGI MAY INCUR AS A RESULT OF SAID BREACH OR THREATENED BREACH. AN AGREED
AMOUNT FOR THE BOND TO BE POSTED IF AN INJUNCTION IS SOUGHT BY TGI IS ONE
THOUSAND DOLLARS ($1,000.00). TGI MAY PURSUE ANY REMEDY AVAILABLE, INCLUDING
DECLARATORY RELIEF, CONCURRENTLY OR CONSECUTIVELY IN ANY ORDER AS TO ANY BREACH,
VIOLATION, OR THREATENED BREACH OR VIOLATION, AND THE PURSUIT OF ONE SUCH REMEDY
AT ANY
TIME WILL NOT BE DEEMED AN ELECTION OF REMEDIES OR WAIVER OF THE RIGHT
TO PURSUE ANY OTHER REMEDY.
8.
EFFECTIVE DATE. THIS AMENDED AGREEMENT
SHALL BE EFFECTIVE AS OF
JANUARY 1, 2006. EXCEPT AS AMENDED HEREBY, THE EMPLOYMENT AGREEMENT REMAINS IN
FULL FORCE AND EFFECT -
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9.
NOTICES. ALL NOTICES, REQUESTS, CONSENTS, AND OTHER
COMMUNICATIONS UNDER THIS AGREEMENT SHALL BE IN WRITING AND SHALL BE DEEMED TO
HAVE BEEN DELIVERED ON THE DATE PERSONALLY DELIVERED OR ON THE DATE DEPOSITED IN
A RECEPTACLE MAINTAINED BY THE UNITED STATES POSTAL SERVICE FOR SUCH PURPOSE,
POSTAGE PREPAID, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY EXPRESS MAIL
ADDRESSED TO THE ADDRESS INDICATED UNDER THE SIGNATURE BLOCK FOR THAT PARTY
PROVIDED BELOW. EITHER PARTY MAY DESIGNATE A DIFFERENT ADDRESS BY PROVIDING
WRITTEN NOTICE OF A NEW ADDRESS TO THE OTHER PARTY.
10.
EXECUTION. THIS AMENDED AGREEMENT
MAY BE EXECUTED IN MULTIPLE
COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, AND ALL OF WHICH TAKEN
TOGETHER SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT.
11.
CHOICE OF LAW. THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF
THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH,
THE LAWS OF THE STATE OF TEXAS, AND EACH PARTY HERETO SUBMITS TO THE
NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS WITHIN THE STATE OF
TEXAS.
12.
SEVERABILITY. THE PARTIES ACKNOWLEDGE THAT EACH COVENANT AND/OR
PROVISION OF THIS AGREEMENT SHALL BE ENFORCEABLE INDEPENDENTLY OF EVERY OTHER
COVENANT AND/OR PROVISION. FURTHERMORE, HOULDITCH AND TGI ACKNOWLEDGE THAT, IN
THE EVENT ANY COVENANT AND/OR PROVISION OF THIS AGREEMENT IS DETERMINED TO BE
UNENFORCEABLE FOR ANY REASON, THE REMAINING COVENANTS AND/OR PROVISIONS WILL
REMAIN EFFECTIVE, BINDING AND ENFORCEABLE.
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WHEREFORE, the Parties hereto have knowingly and voluntarily executed this
Amendment this 17th day of March 2006.
Thomas Group, Inc.
By:
/s/ James T. Taylor
James T. Taylor
President
/s/ Jimmy C. Houlditch
Jimmy C. Houlditch
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