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
