OUTBACK STEAKHOUSE, INC. Amendment to and Assignment of Officer Employment Agreement
Exhibit
10.35
Xxxxxx
X.
Xxxxx
OUTBACK
STEAKHOUSE, INC.
Amendment
to and Assignment of Officer Employment Agreement
THIS
AMENDMENT TO AND ASSIGNMENT OF OFFICER EMPLOYMENT AGREEMENT (“Amendment”) is
entered into by and among OS
MANAGMENT, INC., a Florida corporation (the “Employer”), OUTBACK STEAKHOUSE OF
FLORIDA, INC., a Florida corporation (“OSF”), and OUTBACK
STEAKHOUSE, INC., a Delaware corporation (the “Company”),and XXXXXX X. XXXXX
(the “Employee”) executed this 27th day of April, 2005, to be effective for all
purposes as of April 27, 2005.
WHEREAS,
Employer employed Employee and leased Employee to OSF as Senior Vice President
of OSF pursuant to that certain Officer Employment Agreement April 1, 2002
(the
“Employment Agreement”); and
WHEREAS,
the Company is the parent company of OSF; and
WHEREAS,
the parties hereto desire to enter into this Amendment in order to assign OSF’s
rights under the Employment Agreement to the Company and to modify the
Employment Agreement to reflect that the Company has promoted the Employee
to
Executive Vice President and Chief Officer- Legal and Corporate Affairs of
the
Company.
NOW,
THEREFORE, intending to be legally bound, for good consideration, receipt of
which is acknowledged, the parties hereby agree as follows:
1. Recitals.
The
parties acknowledge and agree that the above recitals are true and correct
and
incorporated herein by reference.
2. Assignment.
The
parties acknowledge and agree that all rights and obligations of OSF under
the
Employment Agreement have been assigned to and accepted by the Company.
3. Change
of Employee’s Title. The
parties acknowledge and agree that all references in the Employment Agreement
to
the Employee being employed as Senior Vice President of OSF are hereby amended
to state that the Employee is employed as Executive Vice President and Chief
Officer- Legal and Corporate Affairs of the Company.
4. Assignment/
Ratification.
The
parties acknowledge and agree that all rights and obligations of OSF under
the
Employment Agreement have been assigned to and accepted by the Company. All
other terms of the Employment Agreement as amended hereby are hereby ratified
and confirmed by each party.
IN
WITNESS WHEREOF, the parties have executed this Amendment effective as set
forth
above.
“EMPLOYER”
|
Attest:
|
OS
MANAGEMENT, INC., a Florida
corporation
|
By:
/s/ Xxxxxx X.
Kadow______________
By:
/s/ Xxxxxx X. Merritt____________________
Xxxxxx
X.
Xxxxx, Secretary Xxxxxx
X. Xxxxxxx, Senior
Vice President
“COMPANY”
|
Attest:
|
OUTBACK
STEAKHOUSE, INC., a Delaware
corporation
|
|
By:
/s/ Xxxxxx X. Kadow______________
|
By:
/s/ A. Xxxxxxx Xxxxx,
III_________________
|
|
Xxxxxx
X. Xxxxx, Secretary
|
A.
Xxxxxxx Xxxxx, III, Chief Executive
Officer
|
“OSF”
|
Attest:
|
OUTBACK
STEAKHOUSE OF FLORIDA, INC., a Florida
corporation
|
|
By:
/s/ Xxxxxx X. Kadow______________
|
By:
/s/ Xxxxxx X.
Merritt____________________
|
|
Xxxxxx
X. Xxxxx, Secretary
|
Xxxxxx
X. Xxxxxxx, Senior Vice President
|
WITNESSES: “EMPLOYEE”
/s/
Xxxxx X. Lefferts___________________
/s/
Xxxxxx X. Kadow_______________________
__________________________________
XXXXXX
X.
XXXXX
