EXHIBIT 10.2
AMENDMENT TO THE EMPLOYMENT AGREEMENT
BETWEEN
XXXXXXX X. XXXX AND DYCOM INDUSTRIES, INC.
WHEREAS, effective as of January 28, 2000, Xxxxxxx X. Xxxx and Dycom
Industries, Inc. entered into an employment agreement (the "EMPLOYMENT
AGREEMENT");
WHEREAS, pursuant to paragraph 9 of the Employment Agreement, the
Employment Agreement may be amended by a written instrument exercised by the
undersigned paries;
WHEREAS, the undersigned parties desire to amend the Employment
Agreement to extend the Employment Term; and
WHEREAS, the undersigned parties represent and warrant that the
execution and delivery of this amendment has been duly and validly executed and
delivered and is valid and binding.
NOW, THEREFORE, the Employment Agreement is hereby amended, effective
as of January 28, 2003, as follows:
1. Paragraph 2 of the Employment Agreement is hereby amended in its
entirety to read as follows:
"The Employee's employment pursuant to the
Employment Agreement shall commence on the
Effective Date and shall terminate upon
the earlier to occur of (i) termination
pursuant to paragraph 5 hereof or (ii) the
third anniversary of the Effective Date;
PROVIDED, HOWEVER, that the term of the
Employee's employment hereunder shall be
automatically extended without further
action of either party for additional one
year periods, unless written notice of
either party's intention not to extend has
been given to the other party hereto at
least 60 days prior to the expiration of
the then effective term. The period
commencing as of the Effective Date and
ending on the third anniversary of the
Effective Date or such later date to which
the term of the Executive's employment
under this Agreement shall have been
extended is hereinafter referred to as the
'EMPLOYMENT TERM'."
2. Except as otherwise expressly amended by this amendment, the
Employment Agreement shall continue in full force and effect.
3. This amendment may be executed in one or more counterparts, each of
which when executed shall be deemed an original but all of which together shall
constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have entered into this amendment as of
the date set forth above.
DYCOM INDUSTRIES, INC.
By: /s/ XXXXXX X. XXXXXXX
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Name: Xxxxxx X. Xxxxxxx
Title: President and Chief
Executive Officer
Acknowledged and Agreed:
/s/ XXXXXXX X. XXXX
-----------------------------------
Name: Xxxxxxx X. Xxxx, Individually
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