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FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

Employment Agreement Amendment

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT | Document Parties: ABOVENET INC | AboveNet, Inc You are currently viewing:
This Employment Agreement Amendment involves

ABOVENET INC | AboveNet, Inc

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Title: FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
Date: 1/28/2011
Industry: Communications Services     Sector: Services

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EXHIBIT 10.2

 

FIRST AMENDMENT

TO

EMPLOYMENT AGREEMENT

 

This Amendment to the Employment Agreement, effective as of September 2, 2008 (the “Employment Agreement”), by and between AboveNet, Inc. (the “Company”) and Rajiv Datta (the “Employee”) is effective as of January 25, 2011 (this “Amendment”).

 

WHEREAS, the Company and the Employee are parties to the Employment Agreement, whose term is scheduled to expire on November 16, 2011 (the “Term”);

 

WHEREAS, the parties wish to extend the Term of the Employment Agreement to December 31, 2011;

 

WHEREAS, the parties also wish to clarify the terms of entitlement to the annual bonus being earned over the calendar year performance period;

 

WHEREAS, the parties also wish to amend Employee’s title from Senior Vice President and Chief Technology Officer to Chief Operating Officer; and

 

WHEREAS, the parties also wish to increase Employee’s Base Salary to $400,000;

 

NOW THEREFORE, the Employment Agreement is hereby amended as follows:

 

1.           Section 1 of the Employment Agreement shall read as follows:

 

(a) The Company hereby agrees to employ the Employee, and the Employee hereby agrees to serve, as Chief Operating Officer during the Term (as defined below).

 

(b) The term (the “Term”) of the Employee’s employment hereunder will commence on the Effective Date and, unless sooner terminated as provided in Section 6 hereof, will terminate at the end of the day on December 31, 2011.  The Term shall


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