EXHIBIT 10.40
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
XXXXXXXXX X. XXXXXXXX
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this "Second
Amendment") is made effective as of the 1st day of November 1999, by JEH/EAGLE
SUPPLY INC., a Delaware corporation, formerly known as JEH Acquisition Corp.
(the "Company"), and XXXXXXXXX X. XXXXXXXX, an individual resident in New York,
New York (the "Executive"), amending that certain Employment Agreement between
the parties dated as of July 1, 1997, as amended on April 30, 1998 (the
"Agreement").
1. Section 1 of the Agreement is amended in its entirety to read as
follows:
1. TERM. Subject to and conditioned upon TDA's and PSC's
acknowledgment, approval and consent to Executive's entering into
this Agreement and TDA's and PSC's acknowledgment that this Agreement
shall not be deemed to be a violation of any of the terms and
conditions of Executive's agreements with TDA and PSC, the term of
this Agreement shall commence on the consummation of the Acquisitions
and terminate on June 30, 2004, subject to earlier termination as
provided herein or unless extended by mutual consent of the parties.
2. Except for this Second Amendment, the Agreement remains unchanged,
and is in full force and effect.
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IN WITNESS WHEREOF, the parties have duly executed this Second
Amendment as of the day and year first above written.
JEH/EAGLE SUPPLY, INC.
By: /s/ XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx, Chief Executive Officer
By: /s/ XXXXXXXXX X. XXXXXXXX
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Xxxxxxxxx X. Xxxxxxxx, Executive
ACKNOWLEDGED, CONSENTED TO
AND APPROVED:
TDA INDUSTRIES, INC.
By: /s/ XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx, President
PEMBERTON SERVICES CORP.
By: /s/ XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx, President
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