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Exhibit 10.29
FOURTH AMENDMENT
TO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
BETWEEN
MARINER ENERGY, INC.
AND
XXXXXXX X. XXXXXXXXX
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
(this "Fourth Amendment") is made and entered into by and between MARINER
ENERGY, INC. (the "Company") and XXXXXXX X. XXXXXXXXX ("Employee").
W I T N E S S E T H :
WHEREAS, (i) the Company and Employee entered into that certain Amended
and Restated Employment Agreement dated effective as of June 27, 1996 (the
"Original Employment Agreement"), and (ii) the Original Employment Agreement was
amended pursuant to (A) that certain First Amendment to Amended and Restated
Employment Agreement executed as of March 18, 1997 (the "First Amendment"), by
and between the Company and Employee, (B) that certain Second Amendment to
Amended and Restated Employment Agreement effective as of January 1, 1998 (the
"Second Amendment"), by and between the Company and Employee, and (C) that
certain Third Amendment to Amended and Restated Employment Agreement effective
as of November 1, 1998 (the "Third Amendment"), by and between the Company and
Employee (the Original Employment Agreement as amended by the First Amendment,
the Second Amendment and the Third Amendment is referred to herein as the
"Employment Agreement"); and
WHEREAS, the Company and Employee desire to further amend the
Employment Agreement as hereinafter provided;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements herein contained, the parties hereto agree as follows:
1. Paragraph 2 of the Employment Agreement is hereby amended to read in
its entirety as follows:
"2. Term.
The term of employment shall be for a term beginning on and
including the Effective Date through and including September
30, 2002, subject, however, to the provisions of paragraph 3."
2. All references to "this Agreement" contained in the Employment
Agreement shall be deemed to be a reference to the Employment Agreement,
as amended by this Fourth Amendment.
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3. This Fourth Amendment is made and will be performed under, and shall be
governed by and construed in accordance with, the law of the State of
Texas.
4. Except as amended by this Fourth Amendment, the Employment Agreement
shall remain in full force and effect.
5. This Fourth Amendment may be executed in one or more counterparts, and
by the different parties hereto in separate counterparts, each of which
when executed shall be deemed to be an original but all of which shall
constitute one and the same agreement.
IN WITNESS WHEREOF, the Company and Employee have executed this Fourth
Amendment to be effective as of October 1, 1999.
Acknowledged by: MARINER ENERGY, INC.
/s/ XXXX XXXXX By: /s/ XXXXXX XXXXXXXXX
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X. Xxxx Xxxxx Xxxxxx X. Xxxxxxxxx
Vice President - Administration President and
Chief Executive Officer
"COMPANY"
/s/ XXXXXXX XXXXXXXXX
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Xxxxxxx X. Xxxxxxxxx
"EMPLOYEE"
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