Exhibit 10(c)
AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT
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This Agreement, dated as of May 26, 1994, is made between EMONS
TRANSPORTATION GROUP, INC. (formerly known as Emons Holdings, Inc.), a Delaware
corporation with offices at 00 Xxxxx Xxxxxx Xxxxxx, Xxxx, Xxxxxxxxxxxx 00000
(together with any and all present and future affiliates and subsidiaries
thereof, the "Company"), and XXXXXX XXXXXXXX, residing at 00 Xxxx Xxxx Xxxxx,
Xxxxxxxxx, Xxxxxxxxxxxx 00000 (the "Employee"). All capitalized terms
contained in this Agreement not otherwise defined herein have the meanings
defined in the Amended and Restated Employment Agreement, dated as of December
31, 1989, between the Company and Employee (the "Amended and Restated Employment
Agreement").
RECITALS
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The Company and Employee previously entered into an Employment Agreement,
dated as of December 31, 1986 (the "1986 Employment Agreement"), between the
Company and Employee, pursuant to which the Company engaged Employee to serve as
Chairman of the Board and Chief Executive Officer of the Company and perform
services for the Company pursuant to the terms and condition of the 1986
Employment Agreement.
The Company and Employee amended and restated the 1986 Employment Agreement
in the Amended and Restated Employment Agreement, dated as of December 31, 1989
(the "Amended and Restated Employment Agreement"), between the Company and
Employee, to read in full as set forth in the Amended and Restated Employment
Agreement.
The Company and Employee desire to amend the Amended and Restated
Employment Agreement in certain respects as provided herein.
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In consideration of the promises herein contained and of other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and intending to be legally bound hereby, the parties hereto agree
to amend the Amended and Restated Employment Agreement as set forth herein:
1. Amendment to Section 1. Section 1 is hereby amended by substituting
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"December 31, 1994" for "the starting date."
2. Amendment to Section 3. Section 3 is hereby amended by substituting
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"$212,000" for "$200,000."
3. Amendment to Section 4. Section 4 is hereby amended by
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substituting "five weeks" for "four weeks."
4. Except as herein specifically amended, all terms, covenants and
provisions of the Amended and Restated Employment Agreement shall remain in full
force and effect and shall be performed by the parties thereto according to its
terms and provisions.
IN WITNESS WHEREOF, the undersigned have executed and delivered this
Amendment to the Amended and Restated Employment Agreement as of the date first
above stated.
EMONS TRANSPORTATION GROUP, INC.
By: /s/ Xxxxxx X. Xxxxx
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Name: Xxxxxx X. Xxxxx
Title: Executive Vice-President
/s/Xxxxxx Xxxxxxxx
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Xxxxxx Xxxxxxxx
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