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Exhibit 10.3 (a)
AMENDMENT TO AMENDED AND
RESTATED EMPLOYMENT AGREEMENT
AMENDMENT dated as of the 22 day of September, 1997 to AMENDED AND
RESTATED EMPLOYMENT AGREEMENT dated as of November 4, 1995 by and between NORTON
XXXXXXXXXX OF XXXXXX, INC., a New York corporation (the "Company") and XXXXXXX
XXXXXXXXX (the "Employee").
W I T N E S S E T H:
WHEREAS, the Employee and the Company have heretofore entered into
an Amended and Restated Employment Agreement dated as of November 4, 1995 (the
"Employment Agreement"); and
WHEREAS, the parties desire to amend the Employment Agreement as
hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and the mutual
agreements hereinafter set forth, the parties hereto, intending to be legally
bound, hereby agree as follows:
A. Section 5 of the Employment Agreement is hereby amended by adding
a new paragraph at the end thereof to read as follows:
"For the period commencing on the date hereof until the death of the
Employee, the Company agrees, at its expense, to provide the
Employee and the Employee's spouse and his children under age 20 or
under age 24 if such children are full-time students with coverage
under the medical plans of the Company on the same terms and
conditions (including the same Company-paid portions) that coverage
is generally available to employees of the Company. In the event
that the Company is unable to provide the coverage set forth in the
preceding sentence during any month as a result of (a) a change of
law or regulation which restricts the provision of coverage for
persons who are not employees the Company, (b) the failure by the
Company's insurance carrier or plan to provide coverage for persons
who are not employees of the Company or (c) a change in the cost of
such coverage
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such that the cost to the Company to provide such coverage for any
monthly period exceeds the amount set forth on Exhibit A hereto
under the column labelled "Monthly Premium", the Company shall not
be obligated to provide such coverage under its medical plans and
shall reimburse Employee for any premiums paid by Employee for
comparable medical coverage. Such reimbursement shall not exceed the
amount set forth on Exhibit A hereto under the column labelled
"Monthly Premium" for any monthly period."
B. Except as hereby amended, the Employment Agreement continues in
full force and effect.
* * *
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
on the date first above written.
NORTON XXXXXXXXXX OF XXXXXX, INC.
By: /s/ Xxxxx Xxxxxxxxx
---------------------
Title: President
/s/ Xxxxxxx Xxxxxxxxx
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Xxxxxxx Xxxxxxxxx
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EXHIBIT A
MEDICAL INSURANCE PREMIUMS TO XXXXXXX XXXXXXXXX
IF COMPANY IS UNABLE TO PROVIDE COVERAGE
----------------------------------------
FISCAL PERIOD
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BEGINNING ENDED ANNUAL MONTHLY
MAY 1: APRIL 30: PREMIUM PREMIUM
--------------------- ------- -------
1997 1998 $6,500.00 $541.67
1998 1999 6,825.00 568.75
1999 2000 7,166.25 597.19
2000 2001 7,524.56 627.05
2001 2002 7,900.79 658.40
2002 2003 8,295.83 691.32
2003 2004 8,710.62 725.89
2004 2005 9,146.15 762.18
2005 2006 9,603.46 800.29
2006 2007 10,083.63 840.30
2007 2008 10,587.82 882.32
2008 2009 11,117.21 926.43
2009 2010 11,673.07 972.76
2010 2011 12,256.72 1,021.39
2011 2012 12,869.56 1,072.46
2012 2013 13,513.03 1,126.09
2013 2014 14,188.68 1,182.39
2014 2015 14,898.12 1,241.51
2015 2016 15,643.03 1,303.59
2016 2017 16,425.18 1,368.76
2017 2018 17,246.44 1,437.20
2018 2019 18,108.76 1,509.06
2019 2020 19,014.19 1,584.52
2020 2021 19,964.90 1,663.74
2021 2022 20,963.15 1,746.93
2022 2023 22,011.31 1,834.28
2023 2024 23,111.87 1,925.99
2024 2025 24,267.47 2,022.29
2025 2026 25,480.84 2,123.40
2026 2027 26,754.88 2,229.57
2027 2028 28,092.63 2,341.05
2028 2029 29,497.26 2,458.10
2029 2030 30,972.12 2,581.01
2030 2031 32,520.73 2,710.06
2031 2032 34,146.76 2,845.56
2032 2033 35,854.10 2,987.84
2033 2034 37,646.80 3,137.23
2034 2035 39,529.15 3,294.10
2035 2036 41,505.60 3,458.80
2036 2037 43,580.88 3,631.74
2037 2038 45,759.93 3,813.33
2038 2039 48,047.92 4,003.99
2039 2040 50,450.32 4,204.19
2040 2041 52,972.84 4,414.40
2041 2042 55,621.48 4,635.12
2042 2043 58,402.55 4,866.88
2043 2044 61,322.68 5,110.22
2044 2045 64,388.81 5,365.73
2045 2046 67,608.25 5,634.02
2046 2047 70,988.67 5,915.72
2047 2048 74,538.10 6,211.51
2048 2049 78,265.00 6,522.08
2049 2050 82,178.25 6,848.19
2050 2051 86,287.17 7,190.60
