EXHIBIT 10.9
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to Employment Agreement ("Agreement") is executed by and
between XXXXXXXX RESOURCES, INC., a Nevada corporation (the "Company") with
principal offices in Frisco, Texas, and XXXXXX X. XXXXX ("Employee").
WHEREAS, the parties entered into an Employment Agreement effective
June 1, 2002 (the "Employment Agreement); and
WHEREAS, the parties desire to amend the Employment Agreement to permit
the Employee to perform certain services, which the Company has determined are
in its best interest;
NOW, THEREFORE, the Company and the Employee agree that Paragraph 5 of
the Employment Agreement shall be amended as set forth below, effective July 16,
2004.
Paragraph 5 shall provide as follows (the amended provision is
highlighted):
5. Performance of Services. Employee shall devote his full
working time to the business of the Company; PROVIDED,
HOWEVER, EMPLOYEE MAY SERVE AS CHIEF FINANCIAL OFFICER,
SECRETARY AND A MEMBER OF THE BOARD OF MANAGERS OF BOIS D'ARC
ENERGY, LLC, A NEVADA LIMITED LIABILITY COMPANY, OR ITS
SUCCESSORS, PROVIDED THAT SUCH SERVICE SHALL NOT INTERFERE
WITH THE PERFORMANCE OF HIS DUTIES HEREUNDER. Employee shall
be excused from performing any services for the Company
hereunder during periods of temporary incapacity and during
vacations conforming to the Company's standard vacation
policy, without thereby in any way affecting the compensation
to which he is entitled hereunder.
[Signature page follows.]
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EXECUTED and effective July 16, 2004.
XXXXXXXX RESOURCES, INC.
/s/ M. Xxx Xxxxxxx
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Name: M. Xxx Xxxxxxx
Title: President and Chief Executive Officer
EMPLOYEE:
/s/ Xxxxxx X. Xxxxx
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Name: Xxxxxx X. Xxxxx
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