EXHIBIT 10.13.4
FOURTH AMENDMENT TO PERSONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO PERSONAL SERVICES AGREEMENT, dated as of November
7, 2002 by and between American Biltrite Inc., a Delaware corporation ("ABI")
and Congoleum Corporation a Delaware corporation ("Congoleum");
WITNESSETH:
THAT WEREAS, ABI and Congoleum are parties to a Personal Services
Agreement, dated as of March 11, 1993 (the "Personal Services Agreement"), as
amended February 8, 1995, November 15, 1996, and March 10, 1998, pursuant to
which ABI agreed that Xxxxx X. Xxxxxx would serve as the Chief Executive Officer
of Congoleum and Xxxxxxx X. Xxxxxx would serve as the Vice Chairman of
Congoleum, subject to certain terms and conditions set forth in the Personal
Services Agreement;
NOW, THEREFORE, in consideration of the agreement set forth herein and for
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. Extension of Term. The term of the Personal Services Agreement is
renewed for a five-year period ending on March 10, 2008.
2. Ratification. Each of ABI and Congoleum hereby ratifies and confirms
all of the terms and provisions of the Personal Services Agreement,
as amended hereby.
3. Counterparts. This Amendment to Personal Agreement may be executed
in one or more counterparts, each of which shall be an original but
all of which shall collectively constitute a single instrument.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
amendment to Personal Services Agreement as of the date first above written.
AMERICAN BILTRITE, INC.
By: /s/ Xxxxxxx X. Xxxxxx
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Name: Xxxxxxx X. Xxxxxx
Title: President
CONGOLEUM CORPORATION
By: /s/ Xxxxxx X. Xxxxx III
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Name: X. X. Xxxxx
Title: Chief Financial Officer
