AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT
Exhibit
10.1
AMENDMENT
NO. 2 TO
This
Amendment No. 2 ("Amendment") to the Employment Agreement, dated November
9, 2005, between Xxxx'x, Inc., a Delaware corporation ("Company"), and
Xxxxxxxxxxx X. Xxxxxx, a resident of Houston, Texas ("Executive") is executed as
of November_19_, 2008, (the
"Effective Date"). For purposes of this Amendment, "Luby's" or the
"Company" shall include the subsidiaries of Company.
RECITALS
WHEREAS,
the parties entered into the following agreements:
(1)
Employment Agreement, dated November 9, 2005
(2)
Amendment No. 1 to Employment Agreement, dated October 29, 2007
(Collectively
referred to as “Agreements”);
WHEREAS,
the parties desire to modify said Agreements as hereinafter set forth;
and
NOW,
THEREFORE, for and in consideration of the mutual promises, covenants and
obligations contained herein, said Agreements shall be modified as follows, as
of the effective date:
1. Section 3
of the Agreements is hereby amended and restated as follows:
"3. Term. Subject to
the provisions for termination of employment as provided in Section 8(a),
Executive's employment under this Agreement shall be for a period beginning on
the Effective Date and ending on August 31, 2010 ("Term")."
2. Section
14 of the Agreements is hereby amended and restated as follows:
“14. Notice. All notices
and communications hereunder shall be in writing and shall be deemed given if
delivered personally or mailed by registered or certified mail (return receipt
requested) to the parties at the following addresses (or at such other address
for a party as shall be specified by like notice):
If to
Executive:
Xxxxxxxxxxx X.
Xxxxxx
00000
Xxxxxxxxx Xxxxxxx
Xxxxxxx,
Xxxxx 00000
with a
copy to:
Xxxxx,
Xxxx & Xxxxxxx
0000
Xxxxxxxxx
Xxxxx
0000
Xxxxxxx,
Xxxxx 00000
Attn: Xxxxxxx
X. Still
If to
Luby’s:
Xxxx’x,
Inc.
00000
Xxxxxxxxx Xxxxxxx
Xxxxx
000
Xxxxxxx,
Xxxxx 00000
Attention: General
Counsel and Chairman of the Board
Any of
the above addresses may be changed at any time by notice given as provided
above; provided, however, that any such notice of change of address shall be
effective only upon receipt. All notices, requests or instructions
given in accordance herewith shall be deemed received on the date of delivery,
if hand delivered, on the date of receipt, if telecopied, three Business Days
after the date of mailing, if mailed by registered or certified mail, return
receipt requested, and one Business Day after the date of sending, if sent by
Federal Express or other recognized overnight courier.”
IN
WITNESS WHEREOF, the Parties have executed this Amendment effective as of the
Effective Date.
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/s/Xxxxxxxxxxx
X. Xxxxxx
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Xxxxxxxxxxx
X. Xxxxxx
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XXXX’X,
INC.
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/s/Xxxxxx
Xxx, III
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Xxxxxx
Xxx, III
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Chairman
of the Board
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