AMENDMENT TO
SERVICES AGREEMENT
THIS AGREEMENT, MADE THIS 8TH DAY OF FEBRUARY, 1997, BY AND BETWEEN
LONE STAR STEAKHOUSE & SALOON, INC. A DELAWARE CORPORATION, HEREAFTER REFERRED
TO AS "LSS", AND XXXXXXX ENTERPRISES, INC., A KANSAS CORPORATION, HEREAFTER
REFERRED TO AS "CEI".
WHEREAS, THE PARTIES ENTERED INTO A SERVICES AGREEMENT DATED MARCH 12,
1992, "SERVICES AGREEMENT", WHICH WAS RENEWED APRIL 5, 1993, APRIL 12, 1994,
FEBRUARY 8, 1995, AND FEBRUARY 8, 1996 AND ARE AGAIN DESIROUS OF RENEWING THE
AGREEMENT.
NOW, THEREFORE, FOR TEN DOLLARS ($10.00) AND OTHER VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, THE PARTIES
HEREBY AGREE AS FOLLOWS:
1. REGARDING PROVISION NO. 3 "TERM" OF THE "SERVICES AGREEMENT", IT IS
AGREED THAT THE TERM SHALL COMMENCE DECEMBER 31, 1996, AND SHALL CONTINUE UNTIL
DECEMBER 30, 1997.
2. PROVISION NO. 4 "COMPENSATION" OF THE "SERVICES AGREEMENT" SHALL BE
DELETED IN ITS ENTIRETY AND THE FOLLOWING SUBSTITUTED:
4.01 THE PARTIES AGREE TO THE FOLLOWING METHOD OF COMPENSATION FOR THE
SERVICES TO BE RENDERED:
$2,010,000.00 ANNUALLY PAYABLE AT THE RATE OF $154,615.38 PER FOUR
(4) WEEK ACCOUNTING PERIOD AND $440.00 FOR EACH RESTAURANT
OPERATED BY LSS, PLUS PAYMENT FOR OUT-OF-POCKET EXPENSES, WHICH
FEE IS PAYABLE ON A PERIOD-BY-PERIOD BASIS.
PAYMENT IS DUE BY THE 15TH DAY FOLLOWING THE END OF THE PERIOD.
THE PARTIES AGREE THAT IF THIS AGREEMENT IS RENEWED, TO REVIEW THE
ACTUAL EXPERIENCE AND COSTS OF CEI AND TO UTILIZE GOOD FAITH IN
CONSIDERING AN ADJUSTMENT TO THE COMPENSATION FORMULA TO BE USED
FOR THE RENEWAL PERIOD. IN ANY EVENT, THE RESTRUCTURED
COMPENSATION FORMULA IS SUBJECT TO THE APPROVAL OF THE OUTSIDE
BOARD MEMBERS OF LSS.
3. OTHER THAN AS HEREIN MODIFIED, THE SERVICES AGREEMENT IS RATIFIED
AND CONFIRMED.
IN WITNESS WHEREOF, THE PARTIES HAVE DULY EXECUTED THIS AGREEMENT AS OF
THE DATE FIRST ABOVE WRITTEN.
ONE STAR STEAKHOUSE &
SALOON, INC.
BY /s/ Xxxx X. Xxxxx
--------------------------
XXXX X. XXXXX
EXECUTIVE VICE PRESIDENT AND
CHIEF FINANCIAL OFFICER
ATTEST:
BY /s/ Xxxxxx X. Xxxxx
--------------------------
XXXXXX X. XXXXX
SECRETARY
XXXXXXX ENTERPRISES, INC.
BY/s/ Xxxx Xxxx
---------------------------------
XXXX XXXX
SR. VICE PRESIDENT OF FINANCE
ATTEST:
BY /s/ Xxxxx Xxxxxxx
---------------------------
XXXXX XXXXXXX
ASSISTANT SECRETARY
