Amendment to Consulting Agreement between American Coin Merchandising, Inc. and John A. Sullivan

Summary

This amendment updates the consulting agreement between American Coin Merchandising, Inc. (doing business as Sugarloaf Creations, Inc.) and consultant John A. Sullivan, effective July 31, 2001. The amendment specifically revises the confidentiality and noncompetition section to clarify that customer names are confidential trade secrets and cannot be disclosed. All other terms of the original agreement remain unchanged, and this amendment takes precedence if there are any conflicts with the original agreement.

EX-10.56 3 d89641ex10-56.txt CONSULTING AGREEMENT 1 EXHIBIT 10.56 AMENDMENT TO CONSULTING AGREEMENT BETWEEN AMERICAN COIN MERCHANDISING, INC., D/B/A SUGARLOAF CREATIONS, INC. AND JOHN A. SULLIVAN THIS AMENDMENT TO THE CONSULTING AGREEMENT (the "Amendment") is entered into as of July 31, 2001 ("Amendment Effective Date"), between AMERICAN COIN MERCHANDISING, INC., d/b/a SUGARLOAF CREATIONS, INC. (hereinafter called "Employer") and John A. Sullivan (hereinafter called "Consultant"), and amends that consulting agreement entered into by the parties as of December 1, 2000 ("Original Agreement"). PRELIMINARY STATEMENT The parties, for their mutual benefit, now wish to amend the Original Agreement. Capitalized terms herein used which are not herein defined shall have the respective meanings ascribed to them in the Original Agreement. All references to the term "Agreement" in the Original Agreement shall be deemed to include all of the terms and conditions of this Amendment. NOW, THEREFORE, the parties agree as follows: 1. AMENDMENT. The parties agree to the following amendments to the Original Agreement: a. Section 6(d)(iv) ((d)(iv) of Confidential Information and Noncompetition) of the Original Agreement is hereby deleted and replaced in its entirety by the following: "(i) Directly or indirectly disclose to any other person, entity, partnership, or corporation the names of past or present customers of Employer, or of any related company. The parties agree that the names of these customers are confidential and proprietary and constitute trade secrets of Employer within the meaning of C.R.S. Section 8-2-113(2)(b) and C.R.S. Section 7-74-102(4)." 2. COUNTERPARTS. This Amendment may be executed in counterparts, and by each party wherever such party is located, and delivered by facsimile telephonic transmission, and such execution and delivery shall be legally binding on the parties to the same extent as if original signatures in ink were delivered in person. 3. NO OTHER AMENDMENTS. Except as herein set forth, the Original Agreement has not been modified and, as amended by this Amendment, remains of full force and effect. To the extent there are any inconsistencies or ambiguities between the specific subject matter of this Amendment and the Original Agreement, the terms of this Amendment shall supersede the Original Agreement. 1. 2 IN WITNESS OF THIS AMENDMENT WHEREOF, the parties have executed this Amendment as of the day and year first above written. EMPLOYER: AMERICAN COIN MERCHANDISING, INC., d/b/a SUGARLOAF CREATIONS, INC. By: /s/ Randall J. Fagundo -------------------------------- Randall J. Fagundo Its: President and Chief Executive Officer CONSULTANT: /s/ John A. Sullivan -------------------------------- John A. Sullivan Address: 5660 Central Avenue Boulder, CO 80301 2.