ADDENDUM TO EMPLOYMENT AGREEMENT
Exhibit
10.2
ADDENDUM
TO
between
Tankers
Services AS
and
Xxx
X. Kjeldsberg
Wiersholm,
Melibye & Bech, advokatfirma AS - X.X.X
Xxxxxxxxxxxxx 00. X X
Xxx 0000 Xxxx, X-0000 Xxxx, Xxxxxx. T: x00 000 000 00. F: x00 000 000 00.
xxx.xxxxxxxxx.xx
Bank
Account No: 6011.05.43908. Reg. No. 981 371 593 MVA
This
addendum agreement (the “Addendum”) has been made on
this 29th of May, 2008, by and between:
Tankers Services AS, a company
incorporated under the laws of Norway having its registered office at Haakon
VII’s gt 1, Oslo, Norway (“Employer”), and
Xxx X. Kjeldsberg, an
individual having his address in Xxxxxxxxx 00, 0000 Xxxx, Xxxxxx (“Executive”).
hereinafter
referred to as “Party” in the singular and the “Parties” in the
plural:
1.
|
BACKGROUND
|
On the
19th of March, 2007, the Parties entered into an employment agreement (the
“Agreement”).
Now, the
Parties have agreed to make this Addendum to the Agreement.
2.
|
DEFINITIONS
|
Unless
otherwise provided for herein, all definitions in this Addendum shall have the
same meaning as set out in the Agreement.
3.
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TERMINATION
UPON DEATH OR DISABILITY
|
This
clause 3 shall replace clause 3.6 of the Agreement.
|
a.
|
Executive’s
employment with Employer shall terminate immediately upon Executive’s
death or Disability (as defined below). In the event Executive’s
employment terminates due to death or Disability, then Employer shall
continue to pay Executive’s Salary through the first anniversary of the
effective date of such termination of
employment.
|
|
b.
|
For
purposes of this Agreement, the term “Disability” shall mean the inability
of Executive, due to illness, accident or any other physical or mental
incapacity, to perform Executive’s duties in a normal manner for a period
of 365 days or such longer period required for the Employer to be entitled
to lawfully terminate the Executive’s employment under Section 15-8 of the
Employment Act.
|
4.
|
USE
OF DATA SYSTEMS, E-MAIL AND
INTERNET
|
4.1.
|
The
Employer’s and/or the Parent Company’s internal and external information
system (e.g. electronic mail system, data bases and other computer based
systems for internet and intranet) are the exclusive property of the
Employer and the Parent Company. The Executive shall, as a general rule,
use the Employer’s and Parent Company’s information systems exclusively in
connection with his work.
|
4.2.
|
The
Employer and the Parent Company may without prior warning access and take
printouts of all business-related data which the Employer and/or the
Parent Company has a justified interest in having access to or taking
printouts of. The term data includes incoming and outgoing electronic
mail, documents, data bases and other electronically stored material, Data
may typically be accessed if the Executive is absent from work due to
illness, holiday etc, but also in other circumstances if the Employer
and/or the Parent Company in its sole discretion considers that it has
justifiable grounds.
|
4.3.
|
If
the Executive uses the Employer’s and/or the Parent Company’s information
systems for private purposes, he shall ensure that data is marked so that
it is visible for the Employer and/or the Parent Company that it is of a
private nature. The Employer and/or the Parent Company reserves the right
to access and take printouts of data that appears to be or is marked
private if the Employer and/or the Parent Company has reasonable grounds
to believe that there is a breach of this employment contract that can
give grounds for dismissal or summary dismissal or there are other weighty
reasons for access.
|
2
4.4.
|
Where
practicable and there are no justifiable reasons to the contrary, the
Employer and/or the Parent Company shall endeavour to notify the Executive
before data is accessed in order that the Executive or his
representative may attend
|
4.5.
|
The
Executive acknowledges that the Employer and/or the Parent Company keeps
an automatic log of the Executive’s Internet activity through the
Employer’s and/or Parent Company’s information systems for the purpose of
administrating the information systems and detecting and resolving
security violations.
|
4.6.
|
The
Executive also acknowledges that use of the Employer’s and/or the Parent
Company’s information systems will be reviewed at regular intervals to
ascertain whether it is suited to the Employer’s and/or the Parent
Company’s needs and whether the safety strategy is sufficiently secure.
The Executive also acknowledges that all attempts at unauthorised use of
the Employer’s and/or the Parent Company’s information systems are
registered.
|
4.7.
|
The
Executive hereby acknowledges and consents that the Employer and/or the
Parent Company can handle personal information, including accessing and
taking printouts of documents described above, and can access the
Executive’s use of the Employer’s [and/or the Parent Company’s information
system for Internet etc.
|
4.8.
|
The
Executive shall familiarise himself with and at all times keep himself
up-to-date on the Employer’s and/or the Parent Company’s guidelines for
use of the Employer’s and/or the Parent Company’s internal and external
information systems and the consequences of breach of these
guidelines.
|
5.
|
THE
AGREEMENT
|
The
Agreement shall otherwise continue in full force and effect.
* * *
This
Addendum is signed in two original counterparts, of which the parties keep one
counterpart each.
For
and on behalf Tankers Services AS
|
Xxx
X. Kjeldsberg
|
/s/ Ole Xxxxx Xxxxxx | /s/ Xxx X. Kjeldsberg |
Ole Xxxxx Xxxxxx | Xxx X. Kjeldsberg |
3