Exhibit 10(g)(6)
AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
XXXXX X. XXXXXXXX AND PUBLIC SERVICE COMPANY OF COLORADO
THIS AMENDMENT is made, entered into and is effective as of this 22nd day of
August, 1995, by and between Public Service Company of Colorado, a Colorado
corporation (the "Company"), and Xxxxx X. Xxxxxxxx (the "Executive"). The
Employment Agreement between Company and Executive (the "Agreement") executed
on July 18, 1994, is amended as follows:
1. The phrase "Section 7.4 herein" contained in Section 4.1(b) shall be
deleted in its entirety and rewritten to read "Section 7.3 herein."
2. The sentence in Section 4.1 of the Agreement commencing with "For
purposes of this Agreement . . ." shall be deleted in its entirety and rewritten
to read as follows:
"For purposes of this Agreement, a Change in Control shall have the same
meaning as defined in the severance agreement between the Executive and
the Company (the "Severance Agreement")."
3. Section 7.4 is deleted in its entirety and rewritten to read as follows:
"7.4 TERMINATION AFTER ANNOUNCEMENT OR CHANGE IN CONTROL. In connection
with a Change in Control (as defined in Section 4.1 herein), during the
Coverage Period (as defined in Section 3.a of the Severance Agreement)
the Executive shall be entitled to the greater of
(a) the payments he would otherwise be entitled to receive for the
remaining term of this Agreement; or (b) those payments provided under
the Severance Agreement. If it is determined that payments will be made
pursuant to this Agreement in connection with a Change in Control, the
Executive shall be entitled to tax-free reimbursements of any excise
taxes that may arise as a result of such payments. In addition, for
purposes of Section 4.1 of this Agreement, if there is a termination of
employment during the Coverage Period, the restrictions on the shares
referred to in Section 4.1 shall lapse and such shares shall become
freely tradable, subject to any transfer restrictions under applicable
federal and state securities laws."
4. The following language shall be added to the Agreement as Section 7.5:
"7.5 EMPLOYMENT BY PARENT. The Executive's termination of employment
with the Company to become an employee of a corporation which owns 100%
of the Company shall not be considered a termination of employment for
purposes of this Agreement. The subsequent termination of Executive's
employment from such corporation shall be considered a termination of
employment for purposes of this Agreement."
PUBLIC SERVICE COMPANY OF COLORADO
/s/ X. X. Xxxx
By:__________________________________
EXECUTIVE
/s/ Xxxxx X. Xxxxxxxx
By:__________________________________
Xxxxx X. Xxxxxxxx
