AMENDMENT NUMBER 2 to EMPLOYMENT AGREEMENT
AMENDMENT
NUMBER 2
to
This
AMENDMENT NUMBER 2
(“Amendment”) dated January 21, 2008 amends the Employment Agreement
(“Agreement”) between BioForce Nanosciences Holdings, Inc. (the “Company”) and
Xxxxx Xxxx (the “Employee”).
In
consideration of the mutual agreements set forth below and other good and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
1. All
terms of the Agreement shall continue in full force and effect except as
expressly modified in this Amendment. All terms of the Agreement
shall apply to this Amendment, except in the event and to the extent they are
expressly modified herein, in which case the terms of this Amendment shall
control. All capitalized terms used in the Amendment not otherwise
defined shall have the same meaning as in the Agreement.
2. Section
3(a) of the Agreement is amended by deleting the provision in its entirety and
replacing it with the following: “During the Term of this Agreement,
the Employee shall serve as the President and Chief Executive Officer of the
Company, or in such other executive capacity as may be assigned to the Employee,
and shall perform all duties commensurate with the Employee's position and as
may be assigned to the Employee by the Board of Directors of the Company (the
“Board”) or such member or committee of the Board or other person(s) as may be
designated by the Board. The Employee shall report to the Board or
such member or committee of the Board or other person(s) as may be designated by
the Board and shall at all times keep such person or entity promptly and fully
informed (in writing if so requested) of the Employee's conduct and of the
business or affairs of the Company, and provide such explanations of the
Employee's conduct as may be required.”
3. This
Amendment shall be binding upon and inure to the benefit of the parties hereto
and their respective successors, heirs and assigns.
4. Each
party represents and warrants that the person signing this Amendment has the
full and proper authority to do so and has been empowered to make and execute
this Amendment.
IN WITNESS WHEREOF, the
parties caused this Amendment to be executed on the day and year first written
above.
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Xxxxx
Xxxx
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| By: | /s/ Xxxxxxx X. Xxxxx | By: | /s/ Xxxxx Xxxx | ||
| Xxxxxxx X. Xxxxx | |||||
| Executive Vice President & Chief Financial Officer | |||||
