Exhibit 10.42
FIRST AMENDMENT TO SEVERANCE
AND CONSULTING AND SERVICES AGREEMENT
This First Amendment to Severance and Consulting Services Agreement
("Amendment") by and between Smart & Final Inc. and its subsidiaries and
affiliates (collectively "S&F") and Xxxxxx X. Xxxxxxxxx ("Xxxxxxxxx") hereby
amends the Severance and Consulting Services Agreement ("Agreement") executed
between the parties on or about May 14, 2003.
WHEREAS,
1. S&F desires to extend Xxxxxxxxx'x employment with S&F to facilitate the
orderly consummation of the sales of S&F's foodservice businesses and the
Company's exit from the Florida store market (collectively "the Transactions");
and
2. The Transactions and post-closing transition periods are expected to extend
through the end of December 2003, which is after Xxxxxxxxx'x current resignation
date of July 1, 2003;
NOW, THEREFORE, the parties agree as follows, in consideration of the mutual
promises and representations contained herein:
3. The Effective Date in paragraph 6 of the Agreement is hereby changed from
July 1, 2003 to December 31, 2003.
4. The incentive compensation payment for fiscal 2003 ("2003 Bonus"), referenced
in paragraph 7 is hereby changed from $88,920.00 to $177,840.00.
All other terms of the Agreement shall remain unchanged.
SMART & FINAL INC. XXXXXX X. XXXXXXXXX
/s/ Xxxx X. Xxxxxx /s/ Xxxxxx Xxxxxxxxx
------------------------------------- -------------------------------------
By: Xxxx X. Xxxxxx
Title: Chairman & CEO
11/12/03 11/8/03
------------------------------------- -------------------------------------
Date Date
