AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT
AMENDMENT
NO. 1 TO THE
This
AMENDMENT NO.
1 TO
EMPLOYMENT AGREEMENT (the
“Amendment”) is made effective this July 10, 2008, amends that certain
Employment Agreement, dated December 28, 2007, by and between America West
Resources, Inc. (the “Employer”) and Xxx Xxxxx (“Executive”).
WHEREAS,
the
Employer and Executive have agreed to make certain changes to the Employment
Agreement;
NOW,
THEREFORE, in consideration of the above,
and for other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Section
3.A of the Employment Agreement is hereby amended in its entirety and replaced
with the following:
“A.
Capacity. The
Executive shall serve in the capacity of Chief Executive Officer of the
Employer. The Executive shall perform the duties ordinarily expected
of a Chief Executive Officer and shall also perform such other duties consistent
therewith as the Board of Directors of the Employer shall, from time to
time,
reasonably determine.”
IN
WITNESS WHEREOF,
each of the parties hereto has executed this Amendment or has caused this
Amendment to be executed on its behalf by a representative duly authorized,
all
as of the date first above set forth.
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By:
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/s/
XXXXX XXXXXXXXX
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Name:
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Xxxxx
Xxxxxxxxx
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Title:
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Chief
Financial Officer
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/s/
XXX XXXXX
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Xxx
Xxxxx
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