Exhibit 10.1
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FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to Employment Agreement (this "Amendment") is dated as
of the 19th day of June, 2008 by and between N-VIRO INTERNATIONAL CORPORATION, a
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Delaware corporation (the "Company"), and XXXXXX X. XXXXXX ("Employee").
WITNESSETH:
WHEREAS, the Company and Employee entered into an Employment Agreement,
effective as of June 12, 2007 (the "Agreement") and desire to amend the
Agreement to extend the term of the Agreement for an additional 2 years as set
forth in this Amendment.
NOW, THEREFORE, the parties hereto, in consideration of the promises and
premises set forth herein, agree as follows:
1. Amendment to Section 3. Section 3 of the Agreement shall be deleted
---------------------- in its entirety and the following substituted in its
place:
"Section 3. Term of Employment. The term of employment of
Employee -------------------- by the Company pursuant to this
Employment Agreement shall be for the period (the "Employment Period")
commencing on July 1, 2007 (the "Commencement Date") and ending on
July 1, 2011 or such earlier date that Employee's employment is
terminated or later date that Employee's employment is extended in
accordance with the provisions of this Employment Agreement (the
"Termination Date"). So long as Employee is in full compliance with
all of the terms and conditions of this Employment Agreement, Employee
is not in default under or in breach of any of the covenants,
agreements, representations or warranties set forth in this Employment
Agreement and neither Employee nor the Company has delivered a Notice
of Termination (as hereinafter defined) to the other at least thirty
(30) days prior to expiration of the then-current Employment Period
that the Employment Period shall not be extended, then this Employment
Agreement and the Employment Period shall automatically be extended
for additional successive one (1) year periods."
2. Reaffirmation; Limitation of Amendment. Except as expressly
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modified herein, all of the terms and provisions of the Agreement shall
remain in full force and effect.
3. Defined Terms. Any capitalized terms used in this Amendment not
-------------- otherwise defined shall have the meanings set forth in
the Agreement.
Signature Page to Immediately Follow
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date
first above written.
N-Viro International Corporation
By: /s/ Xxxxxxx X. Xxxxxxx
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Name: Xxxxxxx X. Xxxxxxx
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Title: CEO and President
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/s/ Xxxxxx X. Xxxxxx
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Xxxxxx X. Xxxxxx
