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Exhibit 10.71
AMENDMENT NO. 1 TO AMENDED
AND RESTATED EMPLOYMENT AGREEMENT
This Amendment No. 1 to Amended and Restated Employment Agreement is
executed as of March 11, 1999, by Xxxx X. Xxxxxxxx (the "Executive") and D. I.Y.
Home Warehouse, Inc., an Ohio corporation (the "Company").
RECITALS
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A. Executive and the Company are parties to a certain Employment Agreement,
dated as of July 1, 1998 (the "Agreement").
B. The parties desire to amend the Agreement as set forth below.
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein and for other good and valuable consideration, the parties
agree as follows:
1. Section 1 of the Agreement is hereby amended to read, in its entirety,
as follows:
1. EMPLOYMENT. From and after the date of this Agreement (the "Effective
Date") until December 31, 2001, unless sooner terminated as provided
below or extended upon mutual agreement of the parties, the Company will
employ Executive as the Vice President and Chief Financial Officer of
the Company, to perform such services for and on behalf of the Company
as the Company's Board of Directors may from time to time direct
consistent with Executive's title and position, and Executive hereby
accepts such employment, upon the terms and conditions set forth in this
Agreement. Executive's principal place of business will be located
.within a fifty (50) mile radius of downtown Cleveland, Ohio.
2. As amended hereby, the Agreement shall continue in full force and effect
and is hereby ratified and confirmed.
3. This Amendment No. 1 may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
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IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 1 as
of the date set forth above.
EXECUTIVE
/s/ Xxxx X. Xxxxxxxx
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Xxxx X. Xxxxxxxx
COMPANY
D.I.Y. Home Warehouse, Inc.,
an Ohio corporation
By: /s/ Xxxx X. Xxx
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Xxxx X. Xxx
Its: Chairman
