AMENDMENT TO AMENDED AND RESTATED NON-EXCLUSIVE CONSULTING AGREEMENT
Exhibit 10.15
This AMENDMENT TO AMENDED AND RESTATED NON-EXCLUSIVE CONSULTING AGREEMENT (this “Amendment”)
is entered into effective as of the 30th day of June, 2006, between Xxxxxx X. Xxxxx
(“Consultant”) and Xxxxxx Aluminum & Chemical Corporation, a corporation with offices located at
00000 Xxxxxxx Xxxxxxx, #000, Xxxxxxxx Xxxxx, XX 00000-0000 (“Kaiser”).
WHEREAS, Consultant and Kaiser have previously entered into that certain Amended and Restated
Non-Exclusive Consulting Agreement, effective as of August 16, 2005 (the “Agreement”); and
WHEREAS, Consultant and Kaiser desire to amend the Agreement as provided for herein.
NOW, THEREFORE, in consideration of the premises and the mutual agreements contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Amendment to Section 1 of the Agreement. Section 1 of the Agreement is hereby
amended to delete both references to “June 30, 2006” and replace such references with “July 6,
2006.”
2. Amendment to Section 3 of the Agreement. A new Section 3.2.5 shall be added and
shall read in its entirety as follows:
3.2.5 There shall be no Base Fee for the period from July 1, 2006 through July 6, 2006. Hours
worked will be billed at $450 per hour, exclusive of expenses, subject to the same terms and
conditions for travel, weekend and holiday work as provided in paragraph 3.1.1.
3. Reaffirmation. In all other respects, the terms and conditions of the Agreement
shall remain as set forth therein.
4. Counterparts. This Amendment may be executed in any number of counterparts, each
of which shall be deemed to be an original but all of which together shall be deemed to be one and
the same agreement.
[Signatures on following page]
IN WITNESS WHEREOF, this Amendment has been duly executed and delivered by the respective duly
authorized officers of the parties on the date first written above.
XXXXXX ALUMINUM & CHEMICAL CORPORATION |
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By: | /s/ Xxxx X. Xxxxxx | |||
Xxxx X. Xxxxxx, Vice President, Secretary | ||||
and General Counsel | ||||
CONSULTANT |
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By: | /s/ Xxxxxx X. Xxxxx | |||
Xxxxxx X. Xxxxx | ||||