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Exhibit 10.17
DEED OF VARIATION
relating to the Service Agreement dated 24 October 1996
(1) XX Xxxxxx
(2) Pet City Limited
(3) PETsMART INC
Dated 1998 2 September
XXXXXXX XXXXXX
BRISTOL OFFICE
00 Xxxxx Xxxxxxxxx Xxxxxx, Xxxxxxx XX0 0XX
Telephone 0000 000 0000 Facsimile 0117 927 9209
LONDON OFFICE
Hillgate House, 00 Xxx Xxxxxx, Xxxxxx XX0X 0XX
Telephone 0000 000 0000 Facsimile 0171 248 9934
THAMES VALLEY OFFICE
Apex Plaza, Forbury Road, Reading RG1 1AX
Telephone 0000 000 0000 Facsimile 0118 925 0038
Web site: xxx.xxxxxxx-xxxxxx.xx.xx
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THIS DEED is made the second day of September 1998
BETWEEN:
(1) Xxxxxxx Xxxxx Xxxxxx of Xxxx Manor, Holt, Wilshire BA14 6PR ("the
Executive");
(2) Pet City Limited of Unit E, The Dorcan Complex, Faraday Road, Swindon, SN3
5HQ ("the Company"); and
(3) PETsMART INC. of 00000 Xxxxx 00xx Xxxxxx Xxxxxxx Xxxxxxx 00000 ("the
Parent").
BACKGROUND:
(A) The Executive is employed by the Company as Chief Executive Officer under a
Service Agreement dated 24 October 1996.
(B) The Service Agreement is due to expire on 18 December 1998.
(C) The parties have agreed to extend the Executive's employment in the terms
of this Deed.
THIS DEED WITNESSES AS FOLLOWS:
1. SERVICE AGREEMENT
1.1 The Executive shall continue to be employed under the terms of the Service
Agreement until 18 December 1998.
1.2 From 19 December 1998 onwards, the Service Agreement shall remain in place,
subject to the variations set out in this deed.
2. NOTICE
2.1 The term of the Executive's employment referred to at clause 3 of the
Service Agreement shall be extended to 18 December 1998.
2.2 From 19 December 1998 onwards, the Executive will be employed as Chief
Executive Officer on an ongoing basis consistent with the other provisions
of this deed.
2.3 Subject to clause 11 of the Service Agreement, the Executive's employment
shall be terminable on twelve months' written notice from any party.
2.4 The Company may elect to pay the Executive in lieu of notice.
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3. SALARY
3.1 The Executive shall be paid his salary in accordance with the terms of the
Service Agreement until 19 December 1998.
3.2 From 19 December 1998, the Executive shall be paid at the rate of 192,000
pounds per annum subject to annual corporate salary review.
This Deed has been completed on the date appearing at the head of page 1.
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EXECUTED as a DEED (but not )
delivered until the date )
appearing at the head of ) X. Xxxxxx Xxxxxx
page 1) by PET CITY LIMITED )
acting by: )
Director
Director/Secretary
EXECUTED as a DEED (but not )
delivered until the date ) X. Xxxxxx Xxxxxx
appearing at the head of )
page 1) by XXXxXXXX INC ) Xxxxxx X. Xxxxxx
acting by: )
Director
Director/Secretary
SIGNED as a DEED )
by XXXXXXX XXXXX XXXXXX ) Xxxxxxx Xxxxx Xxxxxx
in the presence of: )
Signature of witness: X. Xxxxxxxx
Name: X. Xxxxxxxx
Address: 00 Xxxxxxx Xxxxx
Xxxxxxxx
Xxxxxxx
Occupation: Personal Assistant
