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EXHIBIT 10.32(e)
AMENDMENT NO. 4 TO
CONSULTING AGREEMENT
THIS AMENDMENT NO. 4 TO CONSULTING AGREEMENT (the "Amendment") is made and
entered into this 9th day of November, 2000, by and between Atmos Energy
Corporation, a Texas and Virginia corporation (the "Company"), and XXXXXXX X.
XXXXXXX ("Consultant").
WHEREAS, the Company and Consultant entered into that certain Consulting
Agreement dated October 1, 1994, as amended by Amendment No. 1 to Consulting
Agreement dated May 14, 1997, Amendment No. 2 to Consulting Agreement dated
August 12, 1998 and Amendment No. 3 to Consulting Agreement dated November 10,
1999 (collectively, the "Agreement"); and
WHEREAS, the Company and Consultant desire to amend the Agreement as set
forth below and to extend the term thereof for an additional one-year period;
NOW THEREFORE, for and in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Extension of Term. The Company and the Consultant hereby agree to extend
the term of the Agreement for an additional three-year period commencing on
October 1, 2001 and ending September 30, 2004. The Consultant's annual
compensation during the period October 1, 2001 through September 30, 2002 shall
be $130,000; the Consultant's annual compensation during the period October 1,
2002 through September 30, 2003 shall be $100,000; and the Consultant's annual
compensation during the period October 1, 2003 through September 30, 2004 shall
be $75,000, with all amounts to be paid in equal semi-annual installments on
October 1 and April 1 of each respective year.
2. No Other Amendment. Except as expressly amended hereby, all of the other
terms, provisions, and conditions of the Agreement are hereby ratified and
confirmed and shall remain unchanged and in full force and effect. To the extent
any terms or provisions of this Amendment conflict with those of the Agreement,
the terms and provisions of the Agreement shall control. This Amendment shall be
deemed a part of, and is hereby incorporated into the Agreement. The Agreement
and any and all other documents heretofore, now, or hereafter executed and
delivered pursuant to the terms of the Agreement are hereby amended so that any
reference to the Agreement shall mean a reference to the Agreement as amended
hereby.
3. Governing Law. This Amendment shall be governed by, and construed in
accordance with, the laws of the State of Texas.
4. Counterparts. This Amendment may be executed in counterparts, each of
which will be an original, but all of which together will constitute one and the
same agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment
effective as of the date and year first above written.
COMPANY
ATMOS ENERGY CORPORATION
By: /s/ XXXXXX X. BEST
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Xxxxxx X. Best
Chairman, President and
Chief Executive Officer
CONSULTANT
/s/ XXXXXXX X. XXXXXXX
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XXXXXXX X. XXXXXXX
