Exhibit 10.1
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Second Amendment to Employment Agreement ("Amendment") is
made and entered into as of the 14th day of January, 1999, by and
between Interface, Inc. (the "Company") and Xxx X. Xxxxxxxx
("Executive").
W I T N E S S E T H :
WHEREAS, the Company and Executive did enter into that certain
Employment Agreement dated as of April 1, 1997, as previously amended
(the "Agreement"); and
WHEREAS, the parties hereto desire to modify the Agreement in
certain respects, as set forth in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. All capitalized terms used in this Amendment, unless
otherwise defined herein, shall have the same meanings ascribed to
such terms in the Agreement.
2. Section 5(c) of the Agreement is hereby amended to delete
the language "Except to the extent provided in clause (x) hereof,"
which appears at the beginning of the penultimate sentence of Section
5(c). That sentence shall now read as follows: "Executive shall have
no duty to mitigate any of the damages payable hereunder."
3. Section 5(c)(x) of the Agreement is hereby amended to delete
all of clause (x) except the last sentence thereof.
4. The Agreement, as expressly modified by this Amendment,
shall remain in full force and effect in accordance with its terms and
continue to bind the parties.
IN WITNESS WHEREOF, Executive has executed this Amendment, and
the Company has caused this Amendment to be executed by a duly
authorized representative, as of the date first set forth above.
INTERFACE, INC.
By: /s/ Xxxxxxx X. Xxxxx
Xxxxxxx X. Xxxxx
President
EXECUTIVE:
/s/ Xxx X. Xxxxxxxx
Xxx X. Xxxxxxxx
