EXHIBIT 10.63
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT
This is an Amendment No. 2, dated July 19, 1999 (the "Amendment No. 2"), to
an Employment Agreement dated January 22, 1997 (the "Employment Agreement"),
between Plasma-Therm, Inc., a Florida corporation (the "Company"), and Xxxxxx X.
Xxxxxxxxx (the "Employee").
BACKGROUND
WHEREAS, the Employee is currently employed by the Company pursuant to the
terms of the Employment Agreement and subsequent amendment dated October 1, 1998
("Amendment No. 1"); and
WHEREAS, the parties wish to amend the Employment Agreement to reflect
changes in section 2 and to amend Amendment No. 1 to reflect changes in section
4.2.
NOW, THEREFORE, the parties hereto intending to be legally bound hereby,
and in consideration of the mutual covenants herein contained, agree as follows:
TERMS
1. The foregoing recitals are true and correct and incorporated herein by
reference. Any capitalized terms used but not defined herein shall have the same
meaning ascribed to them in the Employment Agreement.
2. The Employment Agreement is hereby amended by revising the first
sentence of section 2 to read as follows:
The term of this Agreement shall be for a period of four (4) years
commencing on the 22nd day of January, 1997, and terminating on the 21st
day of January, 2001 (the "Term").
3. Amendment No. 1 is hereby amended by revising section 4.2 to read in its
entirety as follows:
4.2 A commission plan of one-half of one percent (.5%) on all system,
spare parts and labor sales, to be paid quarterly, effective June 1, 1999,
and having a maximum annual amount of $250,000.
4. Except as specifically set forth above, the Employment Agreement and
Amendment No. 1 shall remain in full force and effect.
5. This Amendment No. 2 may be executed in any number of counterparts, each
of which shall be deemed to be an original, and all of which together shall
constitute one document.
6. This Amendment No. 2 contains the final, complete, and exclusive
expression of the parties' understanding and agreement concerning the matters
contemplated herein and supersedes any prior or contemporaneous agreement of
representation, oral or written, among them.
7. This instrument shall be binding upon, and shall inure to the benefit
of, each of the parties' respective personal representatives, heirs, successors,
and assigns.
8. This instrument shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 on the
day and year first written above.
PLASMA-THERM, INC.
/s/ XXXXXX X. XXXXXXXXX
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Xxxxxx X. Xxxxxxxxx, Chairman of the Board
/s/ XXXXXXXXXX X. XXXXXXXXX
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Xxxxxxxxxx X. Xxxxxxxxx
/s/ LUBEK XXXXXXXXXXX
---------------------
Lubek Xxxxxxxxxxx
/s/ XXXXXXX X. XXXXXX
---------------------
Xxxxxxx X. Xxxxxx
CONSTITUTING ALL OF THE
MEMBERS OF THE BOARD OF
DIRECTORS
Employee
/s/ XXXXXX X. XXXXXXXXX
-----------------------
Xxxxxx X. Xxxxxxxxx
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