EXHIBIT 10.1
SECOND EXTENSION OF EXECUTIVE EMPLOYMENT CONTRACT
THIS SECOND EXTENSION OF EXECUTIVE EMPLOYMENT CONTRACT (this
"Extension") is made as of the 9th day of December, 2004, by and between X. X.
XXXXX CORPORATION, an Ohio corporation having its principal place of business
located at 00000 Xxxxxxxx Xxxx, X.X., Xxxxxxxxxxxx, Xxxx 00000 (the "Company"),
and XXXXXX X. XXX XXXXXX, an individual having an address of 000 Xxxxxx Xxxxxx,
Xxxxx 0000, Xxxxxxxxxx, Xxxxxxxxxxxx 00000 (the "Executive").
WITNESSETH:
WHEREAS, the Company and the Executive are parties to an Executive
Employment Contract dated March 10, 2004, as amended by that certain Amendment
to Executive Employment Contract dated March 29, 2004 and that certain Extension
of Executive Employment Contract dated September 9, 2004 (as amended, the
"Employment Agreement"); and
WHEREAS, pursuant to Section 1(a) of the Employment Agreement, the
Company and the Executive desire to extend the Term of the Employment Agreement
for a three-month period ending on March 9, 2005;
NOW, THEREFORE, in consideration of the mutual covenants of the parties
expressed in this Extension, the parties agree as follows, each intending to be
legally bound hereby:
1. All capitalized terms used in this Extension without definition have
the meanings given to them in the Employment Agreement.
2. The Term of the Employment Agreement is hereby extended for a period
of three months, ending on March 9, 2005.
3. Except as otherwise provided herein, the Employment Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, this Extension has been duly executed on behalf of
the Company and by the Executive as of the date first above written.
EXECUTIVE: COMPANY:
X. X. XXXXX CORPORATION
/s/ Xxxxxx X. Xxx Xxxxxx By: /s/ Xxxxxx X. Xxxxx
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Xxxxxx X. Xxx Xxxxxx Xxxxxx X. Xxxxx
Senior Vice President - Finance,
Chief Financial Officer,
Secretary and Treasurer