Fourth Amendment to Employment Agreement between AMICAS, Inc. and Stephen N. Kahane (February 10, 2009)

Executive:

/s/ Stephen N. Kahane

/s/ John J. Sviokla

Stephen N. Kahane

AMICAS, Inc.

Summary

This amendment updates the employment agreement between AMICAS, Inc. and Stephen N. Kahane. It changes the terms regarding severance and related payments, specifying that these payments will end if Dr. Kahane becomes employed by a competitor within six months after leaving AMICAS. Dr. Kahane must notify AMICAS in writing if he accepts such employment. All other terms of the original agreement remain unchanged.

EX-10.35 2 b73448aiexv10w35.htm EX-10.35 FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT OF STEPHEN N. KAHANE, DATED FEBRUARY 10, 2009 exv10w35

Exhibit 10.35

FOURTH AMENDMENT TO
EMPLOYMENT AGREEMENT OF STEPHEN N. KAHANE

WHEREAS, AMICAS, Inc. f/k/a VitalWorks Inc. (the “Company”) and Stephen N. Kahane (“Executive”) entered into an employment agreement as of January 1, 2004, which was amended by agreement dated July 26, 2004 and further amended by agreements dated April 26, 2005 and December 31, 2008 (collectively the “Agreement”);

Whereas, the Company and Executive desire to further amend the Agreement; and

Whereas, all capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.

NOW THEREFORE, the Agreement is hereby amended as follows.

Section 3H is hereby deleted in its entirety and replaced with the following:

“H. The severance payments, COBRA payments and any obligation to pay a bonus (“Severance”) as may be set forth in Sections 3B and 3C above are subject to termination as follows:

(i) For a six (6) month period immediately following termination of the Executive’s employment with the Company, and not foregoing any other rights the Company may have, any obligation for the Company to pay Severance to Executive shall immediately terminate as of the date the Executive becomes employed by a Competitor, as defined in the Non-Compete and Non-Disclosure Agreement (Exhibit 1).

For a six (6) month period immediately following termination of the Executive’s employment with the Company, the Executive agrees to notify the Company in writing upon his acceptance of employment with a Competitor.”

2. Except as specifically modified herein, the terms of the Agreement, and all terms and conditions of your employment with Company shall remain in full force and effect.

IN WITNESS WHEROF, each of the parties has caused this Fourth Amendment to be executed as of February 10, 2009.