EXHIBIT 10.2
AMENDMENT TO EMPLOYMENT AGREEMENT
Amendment agreement, made as of November 18, 1999 between ZYGO CORPORATION,
a Delaware corporation with an office at Xxxxxx Xxxxx Road, Middlefield,
Connecticut 06455 (the "Company"), and J. XXXXX XXXXXXXX, residing at
______________________, (the "Executive").
WITNESSETH:
WHEREAS, the Company and the Executive are parties to an Employment
Agreement, dated as of January 15, 1999 (the "Agreement"); and
WHEREAS, the Company and the Executive desire to amend the Agreement as
herein provided.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. Except as specifically amended herein, the Agreement, and each and every
term thereof, shall remain in full force and effect. All references in the
Agreement to the "Agreement" shall be deemed to refer to the Agreement, as
amended hereby.
2. Section 1 of the Agreement is hereby amended by deleting such Section in
its entirety and substituting therefor the following:
1. EMPLOYMENT.
The Company hereby employs Executive and Executive hereby accepts
such employment, subject to the terms and conditions herein set forth.
Executive shall hold the office of President and Chief Executive
Officer, reporting to the Board of Directors of the Company. The
Company shall nominate Executive for election as a director of the
Company for all periods when Executive holds the office of President
and Chief Executive Officer of the Company."
3. Section 3 of the Agreement is hereby amended by deleting the amount of
"$250,000" in the first sentence of such Section and substituting therefor the
amount of "$275,000."
4. Section 10(a) of the Agreement is hereby amended by deleting such
subsection in its entirety and substituting therefor the following:
10. DUTIES.
(a) Executive shall perform such duties and functions as the
Board of Directors of the Company shall from time to time determine
and Executive shall comply in the performance of his duties with the
policies of, and be subject to, the direction of the Board of
Directors."
5. Executive represents and warrants that he is free to enter into this
Amendment Agreement and to perform the duties required hereunder, and that there
are no employment contracts or understandings, restrictive covenants or other
restrictions, whether written or oral, preventing the performance of his duties
hereunder.
6. No amendment or alteration of the terms of this Amendment Agreement
shall be valid unless made in writing and signed by both of the parties hereto.
7. This Amendment Agreement shall be governed by the laws of the State of
Connecticut applicable to agreements made and to be performed therein.
8. This Amendment Agreement may be executed in any number of counterparts
with the same effect as if the signatures hereto were upon the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
Agreement as of the date and year first above written.
ZYGO CORPORATION
By:/s/ XXXX X. XXXXXX
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Xxxx X. Xxxxxx, Chairman
EXECUTIVE
/s/ J. XXXXX XXXXXXXX
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J. Xxxxx Xxxxxxxx
