EXHIBIT 10.15
SUPERIOR CONSULTANT HOLDINGS CORPORATION
Amendment to Employment Agreement
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The Employment Agreement dated October 11, 2000, as amended, between Xxxxxx X.
Xxxxxxxxxx, RR4, Box 000 00xx Xxxxxx, Xxxxxx, XX 00000 and Superior Consultant
Company, Inc., a Michigan Corporation, is hereby amended as follows:
1. Section #1 shall be deleted in its entirety and replaced by the
following:
Your employment with the Company shall commence as of October 11, 2000
("the Commencement Date") and will terminate on December 31, 2002. Except
as otherwise herein provided, you shall have no continuing right to
compensation and bonus. You shall have such responsibilities and perform
such duties appropriate to such position as shall be reasonably assigned
to you by the CEO of the Company or such person as he shall designate.
You will initially serve as President and Chief Operating Officer. You
shall devote all your working time and efforts to the business of the
Company. You represent that you are not bound by the provisions of any
non-competition, confidentiality or similar agreement not heretofore
disclosed by you in writing to the Company. You also represent and
warrant that you have never been convicted of a felony.
2. Section #2 shall be deleted in its entirety and replaced by the
following:
Your salary from October 11, 2000 through December 31, 2001 shall be at
the rate of $11,000.00 bi-weekly. Your salary from January 1, 2002
through December 31, 2002 shall be at the rate of $12,923.08 bi-weekly.*
Salary is payable in accordance with the normal payroll practices of the
Company and subject to any payroll or other deductions as may be required
to be made pursuant to law, government order, or by your written
agreement or consent.
3. The first paragraph under Section #4 shall be deleted in its entirety
and replaced by the following:
In the event that your employment with the Company shall be terminated by
the Company without Cause prior to December 31, 2002, and not as a result
of your death or Disability (as hereinafter defined), the Company shall
continue your salary (in bi-weekly installments) as if you were still
employed by the Company through December 31, 2002 or for a period of six
months from the date of termination, whichever is less. You shall be
under no obligation to seek other employment or otherwise to mitigate the
Company's obligation to continue your salary. The Company shall, during
this period of salary continuation, continue to provide you with health
insurance benefits on the same basis, including any Company-paid
premiums, as such benefits are provided to employees of the Company,
except that such salary continuation coverage period shall be coterminous
and shall apply to federally mandated COBRA continuation periods.
* [Salary increase has not taken effect as of April 1, 2002]
PROPRIETARY AND CONFIDENTIAL
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Your rights under the other benefit plans and programs of the Company
shall be determined in accordance with the terms of such plans and
programs as then in effect. In the event of such termination neither
you nor the Company shall have any further rights or obligations under
this Agreement, except as set forth in Sections 5, 6, 7, and 8 of this
Agreement.
3. The following section entitled "Limitation of Actions" shall be added
as Paragraph 9 (a).
Limitation of Actions: You agree that any lawsuit against Superior or
any of its officers, directors, employees or agents arising out of your
employment or termination of employment, including but not limited to,
claims arising under any State or Federal Civil Rights statutes, must
be filed within six (6) months of the event giving rise to the claims
or be forever barred. You understand that the limitation periods for
these claims are generally longer and agree to waive those periods.
4. This amendment becomes effective June 29, 2001. Terms of Employment
Agreement dated October 11, 2000, as amended, will prevail until June 28,
2001.
5. Except as amended hereof, all terms and provisions of the Employment
Agreement dated October 11, 2000, as amended, remain in full force and
effect.
SIGNATURES:
Acknowledged and accepted for Superior Consultant Company, Inc.
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Name Title Date
I hereby acknowledge that I have voluntarily entered into this Amendment to
Employment Agreement after having a full and adequate opportunity to review its
provisions.
Acknowledged and accepted
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Name Title Date
PROPRIETARY AND CONFIDENTIAL
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