AMENDMENT TO EMPLOYMENT NONDISCLOSURE,
AND NONCOMPETITION AGREEMENT
This Agreement is entered into on this 30th day of January, 2001, by and
between Superpumper, Inc. a North Dakota corporation, hereinafter referred to as
"Employer," and Xxxxx X. Xxxxxx, hereinafter referred to as "Employee."
WHEREAS, on June 21, 1996, the parties entered into an Employment,
Nondisclosure, and Noncompetition Agreement (Employment Agreement), and
WHEREAS, the parties are desirous of amending said Employment Agreement.
NOW THEREFORE, the parties hereby agree as follows:
A. The parties agree that paragraph 5 (F.) of the Employment Agreement
shall be stricken and replaced with the following:
5. COMPANY VEHICLE. Employer will furnish
Employee with the Ford pickup truck presently operated by
Employee until the termination of the Agreement. In
connection with the automobile Employer shall furnish
insurance and routine maintenance. Furthermore, Employer
shall allow Employee to continue with the lease of the
vehicle at the conclusion of this Agreement should
Employee elect to do so and Employee shall also be allowed
to exercise any option to purchase the vehicle at the
conclusion of the lease. Employee shall provide all
gasoline for the vehicle and routine oil changes. Employee
shall be permitted to wash the company vehicle and one
other vehicle on an as needed basis at any of the car
washes operated by Employer without charge. All traffic
violations shall be paid for by the Employee. Employee
agrees to maintain the automobile in first class condition
at all times. This paragraph shall be effective only
during those periods in which employee maintains a valid
North Dakota drivers license.
B. The parties agree that paragraphs 2, 3 and 6 of the Employment
Agreement shall be deleted in their entirety.
C. This Amendment to the Employment Agreement shall not effect any of the
other provisions of the Employment Agreement or any Agreement executed
in
conjunction with the transfer of shares of Xxxxxx CarWash, Inc. and
the Xxxxxx CarWash business also known as Toad's Ride-n-Shine to
affiliates of the Employer.
Dated this 30th day of Jan, 2001.
SUPERPUMPER, INC.
By: /s/ [ILLEGIBLE]
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Its: CEO/President
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/s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx, Individually
CONSENT OF THE GUARANTOR
The undersigned as Guarantors of the Agreements executed in conjunction
with transaction resulting in the employment of Employee hereby consent to this
change and amendment of the Employment, Nondisclosure, and Noncompetition
Agreement.
Dated this 30th day of Jan, 2001.
/s/ Xxxxxxx X. Xxxxxxx
------------------------------------
Xxxxxxx X. Xxxxxxx, Individually
XXXXXXX OIL, INC.
By: /s/ [ILLEGIBLE]
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Its: CEO/President
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SPF ENERGY, INC.
By: /s/ [ILLEGIBLE]
-------------------------------
Its: CEO/President
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