EXHIBIT 10.8
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is entered
into among ENCOMPASS MANAGEMENT CO., a Delaware corporation (the "Company"),
ENCOMPASS SERVICES CORPORATION, a Texas corporation ("Encompass"), and XXXXXX X.
XXXX ("Employee").
The Company, Encompass and Employee have previously entered into an
Employment Agreement dated effective as of March 28, 2000 (the "Employment
Agreement"). The Employee has requested, and the Compensation Committee of
Encompass has approved, amendments to the severance provisions of the Employment
Agreement.
For good and valuable consideration, the receipt and sufficiency of which
is acknowledged, the Employment Agreement is amended as follows:
1. Termination. Clause (B) of Subparagraph (c)(i) of Section 9 is amended
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in its entirety to read as follows:
"(B) the amount of Employee's target bonus established by the
Compensation Committee of Encompass at the beginning of the calendar
year in which such termination occurs, which shall not be less than
120% of the Annual Base Salary for such year,"
2. Ratification and Affirmation. The Employment Agreement, as amended
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hereby, is ratified and affirmed, and shall continue in full force and effect as
set forth therein and amended hereby.
IN WITNESS WHEREOF, the Company and Employee have executed this Agreement
effective as of March 1, 2001.
COMPANY:
ENCOMPASS MANAGEMENT CO.
By: /s/ XXXX X. XXXXX
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Xxxx X. Xxxxx
Senior Vice President
EMPLOYEE:
By: /s/ XXXXXX X. XXXX
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Xxxxxx X. Xxxx
IN WITNESS WHEREOF, Encompass Services Corporation has executed this
Agreement effective as of the date set forth above in order to evidence its
approval thereof.
ENCOMPASS SERVICES CORPORATION
By: /s/ XXXX X. XXXXX
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Xxxx X. Xxxxx
Senior Vice President