EXHIBIT 10.40.2
AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment to Employment Agreement (the "Amendment) is made as of this
5th day of October, 1999 by and between Xxxxxxxx Xxxxxxx Corporation, a Delaware
corporation (the "Company") and Xxxxxxx X. Xxxxxxxxx, an executive employee of
the Company ("Executive").
WHEREAS, the Company and Executive are parties to a certain Employment
Agreement made as of August 1, 1999 (the "Agreement"); and
WHEREAS, under the Agreement, if Executive is required to relocate to a job
location more than 50 miles from his current job location prior to March 31,
2000, Executive is entitled to receive a Relocation Allowance of $50,000 in
addition to any relocation allowance under the Company's regular relocation
program; and
WHEREAS, the Company has agreed that the Agreement should be amended to
extend the term of the Relocation Allowance portion of the Agreement to March
31, 2001;
NOW, THEREFORE, the Agreement is hereby amended by deleting paragraph c of
Section 4 in its entirety and replacing it with the following:
c. Relocation Allowance. If you are required to relocate on or before
March 31, 2001 to a job location more than 50 miles from your current job
location, you will receive a relocation allowance of $50,000 in addition to
any relocation allowance under the regular relocation program. In return
for receiving this special relocation allowance, you agree to waive any
severance benefits to which you might otherwise become entitled by virtue
of the relocation.
Except for the foregoing, the Agreement remains unamended and in full force
and effect.
IN WITNESS WHEREOF, the Executive and the Company have executed this
Amendment this 5th day of October, 1999.
XXXXXXXX XXXXXXX CORPORATION
By: /s/ X. X. Xxxxx
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Xxxxxxx X. Xxxxx
Executive Vice President
EXECUTIVE
/s/ Xxxxxxx X. Xxxxxxxxx
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Xxxxxxx X. Xxxxxxxxx
10/24/99