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EXH 10.01.11c
AMENDMENT NO.3 TO AMENDED
AND RESTATED EMPLOYMENT AGREEMENT
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This Amendment No. 3 to Amended and Restated Employment Agreement is
executed as of November 30, 1999, by R. Xxxxx Xxxxx (the "Executive") and D.I.Y.
Home Warehouse, Inc., an Ohio corporation (the "Company").
RECITALS
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A. Executive and the Company are parties to a certain Amended and
Restated Employment Agreement, dated as of January 1, 1995, as amended by
Amendment No.1 to Amended and Restated Employment Agreement dated as of May 28,
1998 and Amendment No.2 to Amended and Restated Employment Agreement dated as of
March 11, 1999 (collectively, the "Agreement").
B. The parties desire to amend the Agreement as set forth below.
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein and for other good and valuable consideration, the parties
agree as follows:
1. Section 1 of the Agreement is hereby amended to read, in its
entirety, as follows:
1. EMPLOYMENT. For a period of nine (9) years from and after
January 1, 1995 (the "Effective Date") , unless sooner
terminated as provided below or extended upon mutual agreement
of the parties, the Company will employ Executive as the Vice
President - Operations of the Company, to perform such
services for and on behalf of the Company as the Company's
Board of Directors may from time to time direct consistent
with Executive's title and position, and Executive hereby
accepts such employment, upon the terms and conditions set
forth in this Agreement. Executive's principal place of
business will be located within a fifty (50) mile radius of
downtown Cleveland, Ohio.
2. As amended hereby, the Agreement shall continue in full force and
effect and is hereby ratified and confirmed.
3. This Amendment No.3 may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
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IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 3
as of the date set forth above.
EXECUTIVE
/s/ R. Xxxxx Xxxxx
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R. Xxxxx Xxxxx
COMPANY
D.I.Y. Home Warehouse, Inc.,
an Ohio corporation
By: /s/ Xxxx X. Xxx
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Xxxx X. Xxx
Its: Chairman
