SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
Exhibit 10.52
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is effective as of March 15, 2013 (the "Effective Date"), by and between FIDELITY NATIONAL INFORMATION SERVICES, INC., a Georgia corporation (the "Company"), and XXXXX X. XXXXXXX (the "Employee") and amends that certain Employment Agreement dated as of October 1, 2009 (the “Agreement”). In consideration of the mutual covenants and agreements set forth herein, the parties agree as follows:
1.The first sentence of Section 2 of the Agreement is deleted and the following is inserted in lieu thereof: “Subject to the terms and conditions of this Agreement, Company employees Employee to serve as Corporate Executive Vice President and Chief Financial Officer, or in such other capacity as may be mutually agreed by the parties.”
2. The first sentence of Section 4 of the Agreement is deleted and the following is inserted in lieu thereof: “Commencing as of March 15, 2013 and continuing during the Employment Term, Company shall pay Employee an annual base salary, before deducting all applicable withholdings, of no less than $450,000 per year, payable at the time and in the manner dictated by Company’s standard payroll policies.”
3. Section 5(a) of the Agreement is deleted and the following is inserted lieu thereof:
“equivalent or more beneficial medical and other insurance coverage, for Employee and any covered dependents, provided by Company to executives with the same corporate title (i.e., Corporate Executive Vice President);”
4. Section 5(c) of the Agreement is deleted and the following is inserted lieu thereof:
“an annual incentive bonus opportunity under Company's annual incentive plan ("Annual Bonus Plan") for each calendar year included in the Employment Term commencing as of March 15, 2013, with such opportunity to be earned based upon attainment of performance objectives established by Company ("Annual Bonus"). Employee's target Annual Bonus under the Annual Bonus Plan shall be no less than 100% of Employee's then current Annual Base Salary, with a maximum of up to 200% of Employee's then current Annual Base Salary (collectively, the target and maximum Annual Bonus are referred to as the "Annual Bonus Opportunity"). Employee's Annual Bonus Opportunity may be periodically reviewed and increased by Company, but may not be decreased without Employee's express written consent. If owed pursuant to the terms of the Annual Bonus Plan, the Annual Bonus shall be paid no later than the March 15th first following the calendar year to which the Annual Bonus relates. Unless provided otherwise herein or the Board of Directors of Company (the "Board") determines otherwise, no Annual Bonus shall be paid to Employee unless Employee is employed by Company, or an affiliate thereof, on the last date of the Annual Bonus measurement period;”
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5. Section 8(f)(ii) of the Agreement is deleted and Sections 8(f)(iii) through 8(f)(v) are renumbered accordingly.
IN WITNESS WHEREOF the parties have executed this Amendment to be effective as of the date first set forth above.
FIDELITY NATIONAL INFORMATION
SERVICES, INC.
By:/s/ Xxxx X. Xxxxxxxx /s/ Xxxxx X. Xxxxxxx
Name: Xxxx X. Xxxxxxxx Xxxxx X. Xxxxxxx
Title: President and Chief Operating Officer
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