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Exhibit
10.41
AMENDMENT NO.
1
TO
EXECUTIVE EMPLOYMENT
AGREEMENT
This Amendment
No. 1 to the Executive Employment Agreement (the "Agreement") made
and entered into as of the 17 th day of April 2006,
between eMagin Corporation, a Delaware corporation (the "Company"),
Susan Jones, an individual residing at 15550 SE 79 th
Pl, Newcastle, WA 98059 ("Executive").
WITNESSETH
:
WHEREAS, on
January 24, 2006, the Company and the Executive entered into an
Agreement, a copy of which is annexed hereto as Exhibit 1;
and
WHEREAS, the
parties now desire to amend Paragraphs 3.3 of the Agreement as
hereinafter set forth to correct a mistake of the
parties;
NOW, THEREFORE,
in consideration of and for the mutual promises and covenants
contained herein, and for other good and valuable consideration,
the receipt of which is hereby acknowledged, the Executive
Employment Agreement is hereby amended as follows:
1.
(A) Paragraph 3.3 of the Agreement is hereby amended
to be and read as follows:
The Company may
terminate the employment of Executive at any time without notice
and without cause (as defined in Section 3.2) In such event,
Executive shall be entitled to (i) salary until the end of this
agreement’s full term or twelve (12) months, whichever is
greater, based on Executive’s monthly rate of base salary at
the date of such termination, (ii) payment for accrued vacation
days, including personal choice holidays and (iii) all bonuses that
would otherwise have been accrued during the term of this
agreement. The Company shall pay such sum of salary and vacation
accrual in one payment within thirty (30) business days following
the effective date of termination and shall pay merit or
revenue-based bonuse
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