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EXHIBIT 10.9
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN XXXXXXX X. XXXX AND ITEQ, INC.
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is made
and entered into effective as of March 20, 2000, between Xxxxxxx X. Xxxx (the
"Executive"), and ITEQ, Inc., a Delaware corporation (the "Company").
WHEREAS, the Executive and the Company are parties to that certain
Employment Agreement dated January 29, 1999 (the "Agreement"), whereby Executive
was employed by the Company; and
WHEREAS, the Executive and the Company desire to amend the Agreement as
hereinafter provided.
NOW, THEREFORE, for good and valuable consideration, the parties hereto
agree as follows:
1. The provision "Chief Operating Officer" contained in the second line
of Section 2(a) of the Agreement is hereby amended to be "Chief Executive
Officer".
2. The provision "Chief Executive Officer" contained in Section
2(a)(ii) of the Agreement is hereby amended to be "Board".
3. The provision "the Chief Executive Officer," contained in Section
2(a)(iii) of the Agreement is hereby deleted.
4. The provision "the Chief Executive Officer or" contained in the
Sections 4(b), 4(c), 4(e) and 4(f) of the Agreement is hereby deleted.
5. The provision "Chief Executive Officer" contained in the fourth line
of Section 5(b) of the Agreement is hereby amended to be "Board".
6. The provision "Chief Executive Officer" contained in the fifth line
of Section 5(b) of the Agreement is hereby amended to be "Board".
7. The provision "Chief Executive Officer" contained in the seventh
line of Section 5(b) of the Agreement is hereby amended to be "Board".
8. The provision "he" contained in the seventh line of Section 5(b) of
the Agreement is hereby amended to be "it".
9. The provision "his" contained twice in the eighth line of Section
5(b) of the Agreement is hereby amended to be "its".
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10. The provision "Section 10" contained in the eighth line of the last
full paragraph of Section 5 of the Agreement is hereby amended to be "Section
9".
11. The provision "Section 13 hereof" contained in the thirteenth line
of the second paragraph of Section 9 of the Agreement is hereby amended to be
"Section 12 hereof".
12. The notice address, if to the Company, in Section 12 of the
Agreement is deleted and replaced in its entirety with the following:
ITEQ, Inc.
0000 Xxxxx Xxxxxxx, Xxxxx 000
Xxxxxxx, Xxxxx 00000
Attention: Chairman, Compensation
Committee of the Board of Directors
13. Except as otherwise amended hereby, the Agreement remains in full
force and effect.
EXECUTED effective as of the date first set forth above.
ITEQ, INC.
By: /s/ XXXXXX X. XXXXXXX
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Xxxxxx X. Xxxxxxx
Chairman, Compensation Committee of the
Board of Directors
/s/ XXXXXXX X. XXXX
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Xxxxxxx X. Xxxx
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