AMENDMENT TO EMPLOYMENT AGREEMENT
Exhibit 10.8
AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment to Employment Agreement (the “Agreement”) is entered into by and
between Synthesis Energy Systems, Inc., a Delaware corporation (the “Corporation”), and
Xxxxxxx X. Xxxx, an individual residing at 0000 Xxxxxxx, Xxxxxxx, Xxxxx 00000 (the
“Executive”), November 15, 2006, effective for all purposes the 30th day of May,
2006 (“the Effective date”).
RECITALS:
WHEREAS, Section 2 of that certain Employment Agreement between the Corporation and Executive
dated May 30, 2006 (the “Employment Agreement”), defines the Executive’s position with the
Corporation as “Chief Executive Officer”;
WHEREAS, the Executive has actually served both as Chief Executive Officer and as President of
the Corporation since execution of the Employment Agreement;
WHEREAS, the Executive and the Corporation wish to amend the Employment Agreement, effective
as of the Effective Date, to reflect that the Executive serves both as Chief Executive Officer and
as President of the Corporation.
NOW, THEREFORE, in accordance with Section 11 of the Employment Agreement, and in
consideration of the mutual covenants and agreements set forth herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Corporation and the
Executive agree as follows:
1. Section 2(a) of the Employment Agreement is amended and replaced, in its entirety, with the
following:
“The Executive agrees that during the Employment Period, while he is employed by the
Corporation, he shall, except as otherwise expressly provided herein, devote his full-time energies
and talents exclusively to serving in the capacities of Chief Executive Officer and President of
the Corporation in the best interests of the Corporation. As Chief Executive Officer and President
of the Corporation, the Executive shall perform the duties and functions that are normal and
customary to such positions, including, without limitation, the usual duties of a Chief Executive
Officer and a President and those duties assigned to him from time to time by the Board of
Directors of the Corporation (the “Board”). In such capacity, the Executive will be
responsible, subject to the direction of the Board, for all aspects of the operations, financial
performance, marketing, sales, recruiting, technology, budgeting, accounting, legal, regulatory,
administrative and general management of the Corporation’s business.
2. All other terms and provisions of the Employment Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the Executive and the Corporation have executed this Agreement as of the
Effective Date.
SYNTHESIS ENERGY SYSTEMS, INC., | ||||||
A Delaware corporation | ||||||
/s/ Xxxxxxx X. Xxxx
|
By: | /s/ Xxxxxxx X. Xxxxxxxx | ||||
XXXXXXX X. XXXX | Printed Name: Xxxxxxx X. Xxxxxxxx | |||||
Title: Chairman of the Board |