FIRST AMENDMENT TO EMPLOYMENT AGREEMENT Kody Newland
EXHIBIT
10.33
FIRST
AMENDMENT TO EMPLOYMENT AGREEMENT
Xxxx
Xxxxxxx
This
First Amendment to Employment Agreement (the “Amendment”)
by and
between NutraCea, a California corporation (the “NutraCea”)
and
Xxxx Xxxxxxx (the “Employee’),
entered into February 27, 2006 (the “Agreement”),
is
made and effective as of the 8th day of January 2008. Capitalized terms not
specifically defined hereunder shall have the meanings assigned to them under
the Agreement.
1. Term.
Section
3.1 of the Agreement is hereby amended to provide an extended term of two years,
beginning February 28, 2008, and ending February 27, 2010. Section 3.1 of the
Agreement is replaced, amended and restated to read in its entirety as
follows:
“3.1 Term
and Termination. Unless
earlier terminated for Cause (as defined below), Nutracea employs the Employee
under the terms of this Agreement for a term continuing from the date of this
Amendment through the end of business on February 27, 2010. The term may be
further extended by mutual agreement of the parties on a month to month basis.”
2. Automobile
Expense.
Section
4.5 of the Agreement is hereby amended to increase the automobile allowance
provided to Employee to $850 per month. Section 4.5 of the Agreement is
replaced, amended, and restated to read in its entirety as follows:
“4.5 Car
Allowance. Employer
shall provide Employee with an automobile allowance in the amount of $850 per
month. Notwithstanding the foregoing, Employer shallnot be obligated to make
any
down payments for the purchase of any automobile by or on behalf of
Employee.”
All
other
terms and conditions of the Agreement remain unchanged, except as specifically
amended by this Amendment, and shall continue in full force and effect, except
as may be required to effect the forgoing Amendment.
| EMPLOYER: | EMPLOYEE: | ||
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| NutraCea, by _________________________ | Xxxx Xxxxxxx | ||
| Its _________________________________ |
