1
Exhibit 10.69
AMENDMENT NO. 3 TO AMENDED
AND RESTATED EMPLOYMENT AGREEMENT
This Amendment No. 3 to Amended and Restated Employment Agreement is
executed as of March 11, 1999, by Xxxxxxxx X. Xxxxxxxx (the "Executive") and
D.I.Y. Home Warehouse, Inc., an Ohio corporation (the "Company").
RECITALS
--------
A. Executive and the Company are parties to a certain Amended and Restated
Employment Agreement, dated as of January 1, 1995, as amended by Amendment No. 1
to Amended and Restated Employment Agreement dated as of November 21, 1996 and
by Amendment No. 2 to Amended and Restated Employment Agreement dated as of May
28, 1998 (collectively, the "Agreement").
B. The parties desire to amend the Agreement as set forth below.
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein and for other good and valuable consideration, the parties
agree as follows:
1. Section 1 of the Agreement is hereby amended to read, in its entirety,
as follows:
1. EMPLOYMENT. For a period of seven (7) years from and after January 1,
1995 (the "Effective Date") , unless sooner terminated as provided below
or extended upon mutual agreement of the parties, the Company will
employ Executive as the President of the Company, to perform such
services for and on behalf of the Company as the Company's Board of
Directors may from time to time direct consistent with Executive's title
and position, and Executive hereby accepts such employment, upon the
terms and conditions set forth in this Agreement. Executive's principal
place of business will be located within a fifty (50) mile radius of
downtown Cleveland, Ohio.
2. As amended hereby, the Agreement shall continue in full force and effect
and is hereby ratified and confirmed.
3. This Amendment No. 3 may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
2
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 3 as
of the date set forth above.
EXECUTIVE
/s/ Xxxxxxxx X. Xxxxxxxx
--------------------------
Xxxxxxxx X. Xxxxxxxx
COMPANY
D.I.Y. Home Warehouse, Inc.,
an Ohio corporation
By: /s/ Xxxx X. Xxx
-------------------------
Xxxx X. Xxx
Its: Chairman
