SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This SECOND AMENDMENT TO EMPLOYMENT AGREEMENT is by and among Home
Federal Savings Bank, a federal savings bank ("Employer"), S. Xxxxxx Xxxxxxx, a
resident of Xxxxxxx County, Indiana ("Employee"), and Home Federal Bancorp, an
Indiana corporation (the "Holding Company").
W I T N E S S E T H:
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WHEREAS, Employer and Employee entered into an Employment Agreement
dated as of December 17, 1996 (the "Employment Agreement");
WHEREAS, Employer and Employee entered into a First Amendment to such
Employment Agreement prior to the date hereof;
WHEREAS, the parties desire to make certain additional changes to the
Employment Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual
promises herein contained, the parties agree that the Employment Agreement shall
be, and it hereby is, amended as follows:
1. The introductory language in Section 7 prior to Section 7(A)
shall be amended to read as follows:
"Subject to the respective continuing obligations of the
parties, including but not limited to those set forth in
subsections 9(A) and 9(B) hereof, Employee's employment by
Employer may be terminated prior to the expiration of the Term
of this Agreement as follows:"
2. Section 9 shall be amended to read in its entirety as follows:
"9. In order to induce Employer to enter into this
Agreement, Employee hereby agrees as follows:
(A) While Employee is employed by Employer and for a period
of three years after termination of such employment for
reasons other than those set forth in subsections 7(B)
or (C) of this Agreement, Employee shall not divulge or
furnish any trade secrets (as defined in IND. CODEss.
24-2-3-2) of Employer or any confidential information
acquired by him while employed by Employer concerning
the policies, plans, procedures or customers of
Employer to any person, firm or corporation, other than
Employer or upon its written request, or use any such
trade secret or confidential information directly or
indirectly for Employee's own benefit or for the
benefit of any person, firm or corporation other than
Employer, since such trade secrets and confidential
information are confidential and shall at all times
remain the property of Employer.
(B) If Employee's employment by Employer is
terminated for reasons other than those set forth in
subsections 7(B) or (C) of this Agreement, Employee
will turn over immediately thereafter to Employer all
business correspondence, letters, papers, reports,
customers' lists, financial statements, ___ credit
reports or other confidential ___ information or
documents of Employer or its affiliates in the
possession or control of Employee, all of which
writings are and will continue to be the sole and
exclusive property of Employer or its affiliates.
If Employee's employment by Employer is terminated during the
Term of this Agreement for reasons set forth in subsections
7(B) or (C) of this Agreement, Employee shall have no
obligations to Employer with respect to trade secrets or
confidential information under this section 9."
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed and delivered as of the Twenty-seventh day of February, 2001.
HOME FEDERAL SAVINGS BANK
By: /S/ Xxxx X. Xxxxx,Xx.
-------------------------------
Xxxx X. Xxxxx, Xx., President and
Chief Executive Officer
"EMPLOYER"
HOME FEDERAL BANCORP
By: /S/ Xxxx X. Xxxxx,Xx.
-------------------------------
Xxxx X. Xxxxx, Xx., President and
Chief Executive Officer
"HOLDING COMPANY"
By: /S/ S. Xxxxxx Xxxxxxx
--------------------------
S. Xxxxxx Xxxxxxx
"EMPLOYEE"
