Exhibit 10.1
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FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to Employment Agreement (this "Amendment") is dated as
of the 2nd day of April, 2008 by and between N-Viro International Corporation, a
Delaware corporation (the "Company"), and Xxxxxxx X. Xxxxxxx ("Employee").
WITNESSETH:
WHEREAS, the Company and Employee entered into an Employment Agreement,
effective as of February 13, 2007 (the "Agreement") and desire to amend the
Agreement to extend the term of the Agreement for an additional 2 years as set
forth in this Amendment.
NOW, THEREFORE, the parties hereto, in consideration of the promises and
premises set forth herein, agree as follows:
1. Amendment to Section 3. Section 3 of the Agreement shall be deleted
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in its entirety and the following substituted in its place:
"Section 3. Term of Employment. The term of employment of
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Employee by the Company pursuant to this Employment Agreement
shall be for the period (the "Employment Period") commencing
on February 13, 2007 (the "Commencement Date") and ending on
February 12, 2011 or such earlier date that Employee's employment
is terminated or later date that Employee's employment is
extended in accordance with the provisions of this Employment
Agreement (the "Termination Date"). So long as Employee is in
full compliance with all of the terms and conditions of this
Employment Agreement, Employee is not in default under or in
breach of any of the covenants, agreements, representations or
warranties set forth in this Employment Agreement and neither
Employee nor the Company has delivered a Notice of Termination
(as hereinafter defined) to the other at least ninety (90) days
prior to expiration of the then-current Employment Period that
the Employment Period shall not be extended, then this Employment
Agreement and the Employment Period shall automatically be
extended for additional successive one (1) year periods."
2. Reaffirmation; Limitation of Amendment. Except as expressly
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modified herein, all of the terms and provisions of the Agreement shall remain
in full force and effect.
3. Defined Terms. Any capitalized terms used in this Amendment not
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otherwise defined shall have the meanings set forth in the Agreement.
Signature Page to Immediately Follow
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date
first above written.
N-Viro International Corporation
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
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Title: Chairman of the Board
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