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EXHIBIT 10.1
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT made as of the 3rd day of
August, 1998 by and between Xxxxxx X. Xxxxx (the "Executive"), currently
residing at 0000 Xxxxxxxxx Xxxx, Xxxxx, Xxxxxxxxx 00000, and Bacou USA Safety,
Inc., a corporation organized under the laws of the state of Delaware (the
"Company"), with its principal offices at 00 Xxxxxxx Xxxxxxxxx, Xxxxxxxxxx, XX
00000.
WITNESSETH:
WHEREAS, the Executive and the Company entered into that certain Employment
Agreement as of the 3rd day of June, 1998 (the "Employment Agreement"); and
WHEREAS, the Company wishes to appoint the Executive to another position
within the Company and accordingly, to amend the terms of the Employment
Agreement; and
WHEREAS, the Employee wishes to undertake another position within the
Company and accordingly, to amend the terms of the Employment Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein contained,
the Company and the Executive hereby agree as follows:
1. The first "WHEREAS" clause of the Employment Agreement shall be
amended to read as follows:
"WHEREAS, Company wishes to secure the services of Executive as
President of the Xxxxxx Xxxxxx division of the Company for the period
provided in this Agreement."
2. The first two sentences of Section 1 of the Employment Agreement are
hereby deleted and the following language is inserted in lieu thereof:
"During the period of employment set forth in Section 2 of this
Agreement, Company shall employ Executive, and Executive shall serve
as President of the Company's Xxxxxx Xxxxxx division. Executive shall
promptly relocate his permanent residence to the San Diego, California
area."
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3. The first sentence of Section 2 of the Employment Agreement shall be
amended by deleting the date "June 30, 1998" and by inserting "August
6, 1998" in lieu thereof.
4. Section 3(iv) of the Employment Agreement shall be amended by deleting
the words "Smithfield, Rhode Island" and inserting "San Diego,
California" in lieu thereof.
5. Section 4(a) of the Employment Agreement shall be amended by deleting
the term "One Hundred Ninety Thousand Dollars ($190,000)" and
inserting "Two Hundred Twenty Thousand Dollars ($220,000)" in lieu
thereof.
6. The Relocation Assistance Agreement referenced in Section 4(f)(v) of
the Employment Agreement as EXHIBIT A to the Employment Agreement
shall be amended (i) by striking the words "Smithfield, Rhode Island"
in the third line of the first paragraph and inserting "San Diego,
California" in lieu thereof; and (ii) by amending the paragraph
entitled "INTERIM LIVING" to read as follows:
"The Company shall arrange or provide up to three months of
interim living arrangements for Executive in San Diego,
California commencing with the date on which he first begins work
in San Diego. Such arrangements have been made for Unit 306 at
The Landing on Coronado Island in San Diego until expiration of
the rental agreement for such premises or the conclusion of the
three-month period provided herein, whichever is first to occur.
If the rental agreement for such premises expires prior to the
end of the three-month period allowed for Executive, then the
Company shall provide other accommodations for the remainder of
such period. The Company will also provide a rental car for the
use of Executive in San Diego while Executive and the Company
arrange for his Company-leased vehicle.
7. The changes set forth in the foregoing sections shall be effective on
the later to occur of August 6, 1998 or the date on which Executive
first begins his duties in San Diego, California.
In all other respects, the Employment Agreement shall remain in full force
and effect.
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IN WITNESS WHEREOF, Company and the Executive have duly executed this First
Amendment to Employment Agreement as of the day and year first above written.
BACOU USA SAFETY, INC.
By: /s/ X. Xxxxxx By: /s/ Xxxxxx X. Xxxx
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Xxxxxx Xxxxxx, Chairman, Xxxxxx X. Xxxx, Vice Chairman,
President and Chief Executive Secretary and Treasurer
Officer
EXECUTIVE:
/s/ Xxxxxx X. Xxxxx
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Xxxxxx X. Xxxxx
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