SECOND AMENDMENT TO EMPLOYMENT OFFER LETTER
EXHIBIT 10.4
SECOND AMENDMENT TO
This Second Amendment (this “Second Amendment”) to the Employment Offer Letter (the “Offer
Letter”), dated as of January 3, 2008, between Xxxxx Soda Co., a Washington corporation
(“Employer”), and Xxxx Xxxxx (“Employee”) is entered into on May 4, 2009.
WHEREAS, Employer and Employee wish to document an amendment to the Offer Letter;
NOW, THEREFORE, for good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, Employer and Employee hereby agree that, effective May 1, 2009, the Offer
Letter shall be amended as follows:
Effective as of May 1, 2009, you will assume the position of President and Chief Executive
Officer. You will perform the duties customarily performed by the President and Chief Executive
Officer of a corporation which is, in all respects, similar to Xxxxx Soda and such other duties as
may be assigned from time to time by the Board of Directors of the Company. Your role as President
and Chief Executive Officer is a full time position.
Except as modified by the First Amendment dated December 29, 2008 and this Second Amendment,
all other terms and conditions of the Offer Letter remain in full force and effect.
| XXXXX SODA CO. | ||||||||
/s/ Xxxxxxxx X. Xxxxx
|
By | /s/ Xxxxxxx X. X’Xxxxx | ||||||
Xxxx
Xxxxx
|
Its | Chief Financial Officer | ||||||
