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EIGHTH AMENDMENT TO EMPLOYMENT AGREEMENT
THIS EIGHTH AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is
made effective the 26th day of March, 1998, between XXXXXX X. XXXX
("Employee"), and McM CORPORATION ("McM"), OCCIDENTAL FIRE & CASUALTY COMPANY
OF NORTH CAROLINA, and WILSHIRE INSURANCE COMPANY (the three companies
collectively being the "Employer" or the "McM Group").
W I T N E S S E T H:
WHEREAS, the Employee and the Employer have entered an Employment
Agreement dated as of February 16, 1989, and amended March 28, 1990, October
18, 1990, December 30, 1991, February 1, 1993, September 1, 1993, March 16,
1995, and August 6, 1996 (collectively, the "Agreement"); and
WHEREAS, the Employee and Employer wish to amend the Agreement in
certain respects and agree that the mutual promises set forth in this Amendment
are full and valid consideration therefor.
NOW THEREFORE, the parties hereto agree as follows:
1. Term of Employment. Paragraph 3 of the Agreement is hereby
deleted in its entirety and in its place is inserted the following:
3. Term. The term of this Agreement shall automatically
renew on a daily rolling basis and continue until
two years from the date the Employer delivers to the
Employee written notice of non-renewal.
2. Relocation of Employer. In the event Employer shall require
Employee to relocate his office more than fifty (50) miles from its present
location at 000 Xxxxxxx Xxxx, Xxxxxxx, Xxxxx Xxxxxxxx, and Employee terminates
his employment hereunder as a result of such required relocation, Employee
shall receive the lump sum provided for in paragraph 9 hereof (Termination By
Employer Without Cause), the lump sum to be calculated in the manner provided
for in such paragraph.
3. Ratification. Except as modified in this Amendment, the
Agreement, as amended, is ratified and confirmed in all respects.
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IN WITNESS WHEREOF, Employer, by action approved and directed by its
Boards of Directors and Employee, on his own behalf, have executed this
Amendment as of the day and year first above written.
EMPLOYEE:
/s/ Xxxxxx X. Xxxx (Seal)
--------------------------------------
Xxxxxx X. Xxxx
EMPLOYER:
Attest: McM CORPORATION, a North Carolina
corporation
/s/ Xxxxxxx X. Xxxxxxx
----------------------------
Corporate Secretary By: /s/ Xxxxxxx X. Xxxxxxxx
--------- ---------------------------------------
Its: President and CEO
---------------------------------------
[Corporate Seal]
OCCIDENTAL FIRE & CASUALTY
COMPANY OF NORTH CAROLINA, a North
Attest: Carolina corporation
/s/ Xxxxxxx X. Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
---------------------------- ---------------------------------------
Corporate Secretary Its: President and CEO
--------- ---------------------------------------
[Corporate Seal]
WILSHIRE INSURANCE COMPANY, a North
Attest: Carolina corporation
/s/ Xxxxxxx X. Xxxxxxx
----------------------------
Corporate Secretary By: /s/ Xxxxxxx X. Xxxxxxxx
--------- ---------------------------------------
Its: President and CEO
---------------------------------------
[Corporate Seal]
82
3
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is
made effective the 26th day of March, 1998, between XXXXXXX X. XXXXXXXX
("Employee"), and McM CORPORATION ("McM"), OCCIDENTAL FIRE & CASUALTY COMPANY
OF NORTH CAROLINA, and WILSHIRE INSURANCE COMPANY (the three companies
collectively being the "Employer" or the "McM Group").
W I T N E S S E T H:
WHEREAS, the Employee and the Employer have entered an Employment
Agreement dated as of February 1, 1993, and amended September 1, 1993, March
16, 1995, and August 6, 1996 (collectively, the "Agreement"); and
WHEREAS, the Employee and Employer wish to amend the Agreement in
certain respects and agree that the mutual promises set forth in this Amendment
are full and valid consideration therefor.
NOW THEREFORE, the parties hereto agree as follows:
1. Term of Employment. Paragraph 2 of the Agreement is hereby
deleted in its entirety and in its place is inserted the following:
2. Term. The term of this Agreement shall automatically
renew on a daily rolling basis and continue until
two years from the date the Employer delivers to the
Employee written notice of non-renewal.
2. Relocation of Employer. In the event Employer shall require
Employee to relocate his office more than fifty (50) miles from its present
location at 000 Xxxxxxx Xxxx, Xxxxxxx, Xxxxx Xxxxxxxx, and Employee terminates
his employment hereunder as a result of such required relocation, Employee
shall receive the lump sum provided for in paragraph 8 hereof (Termination By
Employer Without Cause), the lump sum to be calculated in the manner provided
for in such paragraph.
3. Ratification. Except as modified in this Amendment, the
Agreement, as amended, is ratified and confirmed in all respects.
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IN WITNESS WHEREOF, Employer, by action approved and directed by its
Boards of Directors and Employee, on his own behalf, have executed this
Amendment as of the day and year first above written.
EMPLOYEE:
/s/ Xxxxxxx X. Xxxxxxxx (Seal)
--------------------------------------
Xxxxxxx X. Xxxxxxxx
EMPLOYER:
Attest: McM CORPORATION, a North Carolina
corporation
/s/ Xxxxxxx X. Xxxxxxx
----------------------------
Corporate Secretary By: /s/ Xxxxxx X. Xxxx
--------- ---------------------------------------
Its: Chairman
---------------------------------------
[Corporate Seal]
OCCIDENTAL FIRE & CASUALTY
COMPANY OF NORTH CAROLINA, a North
Attest: Carolina corporation
/s/ Xxxxxxx X. Xxxxxxx By: /s/ Xxxxxx X. Xxxx
---------------------------- ---------------------------------------
Corporate Secretary Its: Chairman
--------- ---------------------------------------
[Corporate Seal]
WILSHIRE INSURANCE COMPANY, a North
Attest: Carolina corporation
/s/ Xxxxxxx X. Xxxxxxx
----------------------------
Corporate Secretary By: /s/ Xxxxxx X. Xxxx
--------- ---------------------------------------
Its: Chairman
---------------------------------------
[Corporate Seal]
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