EXHIBIT 10.1
AMENDMENT TO
INDEPENDENT CONTRACTOR
AGREEMENT
THIS AMENDMENT TO INDEPENDENT
CONTRACTOR AGREEMENT (this “Amendment”) is dated as of
April 5, 2005, by and between Dennis Gauger, an individual
resident of the State of Utah (the “Contractor”) and
Cimetrix Incorporated, a Nevada corporation
(“Cimetrix”).
WHEREAS, the Contractor and Cimetrix
entered into that certain Independent Contractor Agreement, dated
as of April 16, 2004 (the “Agreement”).
WHEREAS, the Contractor and Cimetrix
wish to amend the terms of the Agreement as contained
herein.
NOW, THEREFORE, in consideration of
the mutual promises and covenants set forth herein, the parties
hereto hereby agree as follows:
1.
Section 1 of the Agreement is
hereby amended and restated to be as follows:
“This Agreement shall become
effective as of the date hereof and shall continue thereafter for a
period of two (2) years unless terminated in accordance with
the provisions hereof.”
2.
Section 2.1 of the Agreement is
hereby amended and restated to be as follows:
“During the term hereof, the
Contractor agrees to use his best efforts and devote such time as
may be reasonably necessary to perform the duties to be agreed
upon. Cimetrix and Contractor agree that the Contractor will
provide approximately 500 hours of service during each one year
period of this Agreement, and the consideration to be paid to
Contractor pursuant to this Agreement has been primarily based upon
Contractor providing that number of hours of
service.”
3.
“Exhibit A” to the
Agreement is hereby amended and restated to be as set forth on the
attached Exhibit A.
4.
By executing this Amendment, each of
Cimetrix and Contractor agrees to be bound by all t
