EMPLOYMENT AGREEMENT
EXHIBIT
10.1
This
EMPLOYMENT
AGREEMENT
(the
“Agreement”),
is
made and entered into effective as of June 1, 2007, by and between Waste
Connections, Inc., a Delaware corporation (the “Company”),
and
Xxxx Xxxxxxx (the “Employee”).
The
Company desires to engage the services and employment of the Employee for the
period provided in this Agreement, and the Employee is willing to accept
employment by the Company for such period, on the terms and conditions set
forth
below.
NOW,
THEREFORE,
in
consideration of the premises and the mutual covenants and conditions herein,
the Company and the Employee agree as follows:
1.
Employment;
Acceptance. The
Company hereby employs the Employee and the Employee hereby accepts employment
by the Company on the terms and conditions hereinafter set forth.
2.
Duties
and Powers. The
Employee is hereby employed as Senior Vice President - People, Training and
Development, and the Employee shall devote Employee’s attention, energies and
abilities in that capacity to the proper oversight and operation of the
Company’s business, to the exclusion of any other occupation. As Senior
Vice President - People, Training and Development, the Employee shall report
to
the Chief Executive Officer or his designee, shall be based at the Company’s
corporate headquarters in California, and shall be responsible for all human
resource functions, personnel training and organizational development. The
Employee shall perform such other duties as the Chief Executive Officer or
the
Board of Directors (the “Board”)
of the
Company may reasonably assign to the Employee from time to time. The
Employee shall devote such time and attention to his duties as are reasonably
necessary to the proper discharge of his responsibilities hereunder. The
Employee agrees to perform all duties consistent with: (a) policies
established from time to time by the Company; and (b) all applicable legal
requirements.
3. Term. The
employment of the Employee by the Company pursuant to this Agreement shall
continue until the third (3rd)
anniversary thereof (the “Term”)
or
until terminated prior to such date when and as provided in
Section 7. Commencing June 1, 2008, and on each
June 1st
thereafter, this Agreement shall be extended automatically for an additional
year, thus extending the Term to three (3) years from each such date, unless
either party shall have given the other notice of termination hereof as provided
herein.
4.
Compensation.
4.1 Base
Salary. The
Company hereby agrees to pay to the Employee an annual base salary of Two
Hundred Forty-Five Thousand Dollars ($245,000.00) (“Base
Salary”).
Such Base Salary shall be payable in accordance with the Company’s normal
payroll practices, and such Base Salary is subject to withholding and social
security, unemployment and other taxes. Increases in Base Salary shall be
considered by the Board.
4.2 Performance
Bonus. For
the calendar year commencing January 1, 2007, and for each calendar year
thereafter,
the
Employee shall be eligible to receive an annual cash bonus (the “Bonus”)
based
on the Company’s attainment of reasonable financial objectives to be determined
annually by the Board. The maximum annual Bonus will equal forty percent
(40%) of the applicable year’s beginning Base Salary and will be payable if the
Board determines, in its sole and exclusive discretion, that that year’s
financial objectives have been fully met. The Bonus shall be paid in
accordance with the Company’s bonus plan, as approved by the Board.
4.3 Grants
of Options and Restricted Stock. Employee
shall be entitled to participate in Stock Option, Restricted Stock, Restricted
Stock Unit (“RSU”) and other equity incentive plans presently in effect or in
effect from time to time in the future on such terms and to such level of
participation as the Board or the Compensation Committee of the Board shall
determine to be appropriate, bearing in mind the Employee’s position and
responsibilities.
The
terms of any
Options, Restricted Stock, RSUs and other equity incentives shall be governed
by
the relevant plans under which they are issued and described in detail in
applicable agreements between the Company and the Employee.
4.4 Other
Benefits. The
Company shall provide the Employee with a cellular telephone and will pay or
reimburse the Employee’s monthly service fee and costs of calls attributable to
Company business. The Employee shall be entitled to paid annual vacation,
which shall accrue on the same basis as for other employees of the Company
of
similar rank, but which shall in no event be less than three (3) weeks for
any
twelve (12) month period commencing January 1st
of each
year. The Employee also shall be entitled to participate, on the same
terms as other employees of the Company participate, in any medical, dental
or
other health plan, pension plan, profit-sharing plan and life insurance plan
that the Company may adopt or maintain, any of which may be changed, terminated
or eliminated by the Company at any time in its exclusive discretion.
5.
Confidentiality. During
the Term of his employment, and at all times thereafter, the Employee shall
not,
without the prior written consent of the Company, divulge to any third party
or
use for his own benefit or the benefit of any third party or for any purpose
other than the exclusive benefit of the Company, any confidential or proprietary
business or technical information revealed, obtained or developed in the course
of his employment with the Company and which is otherwise the property of the
Company or any of its affiliated corporations, including, but not limited to,
trade secrets, customer lists, formulae and processes of manufacture; provided,
however, that nothing herein contained shall restrict the Employee’s ability to
make such disclosures during the course of his employment as may be necessary
or
appropriate to the effective and efficient discharge of his duties to the
Company.
6. Property. Both
during the Term of his employment and thereafter, the Employee shall not remove
from the Company’s offices or premises any Company documents, records,
notebooks, files, correspondence, reports, memoranda and similar materials
or
property of any kind unless necessary in accordance with the duties and
responsibilities of his employment. In the event that any such material or
property is removed, it shall be returned to its proper file or place of
safekeeping as promptly as possible. The Employee shall not make, retain,
remove or distribute any copies, or divulge to any third person the nature
or
contents of any of the foregoing or of any other oral or written information
to
which he may have access, except as disclosure shall be necessary in the
performance of his assigned duties. On the termination of his employment
with the Company, the Employee shall leave with or return to the Company all
originals and copies of the foregoing then in his possession or subject to
his
control, whether prepared by the Employee or by others.
7.
Termination.
7.1 For
Cause. The
Company, by action of the Board, may terminate this Agreement and the Employee’s
employment for cause on delivery to the Employee of a Notice of Termination
(as
defined in Section 9.2 below). For purposes of this agreement, the
term “Cause”
shall
mean:
| (a) |
a
material breach by the Employee of any of the terms of this Agreement
that
is not immediately corrected following written notice of default
specifying such breach;
|
| (b) |
conviction
of a felony;
|
| (c) |
a
breach of any of the provisions of Xxxxxxx 00 xxxxx;
|
| (x) |
repeated
intoxification with alcohol or drugs while on Company premises during
its
regular business hours to such a degree that, in the reasonable judgment
of the other managers of the Company, the Employee is abusive or
incapable
of performing his duties and responsibilities under this Agreement;
and
|
| (e) |
misappropriation
of property belonging to the Company and/or any of its affiliates.
|
On
such
termination for cause, the Employee shall be entitled only to the Employee’s
Base Salary through the date of such termination, and shall not be entitled
to
any other compensation, including, without limitation, any severance
compensation. Without limitation of the foregoing, on termination pursuant
to this Section 7.1, the Employee shall forfeit: (i) his Bonus
under Section 4.2 for the year in which such termination occurs; and
(ii) all outstanding but unvested options and rights relating to capital
stock of the Company, and all RSUs and shares of the Company’s restricted stock
issued to the Employee that as of the termination date are still unvested and
subject to restrictions on transfer.
7.2 Without
Cause. The
employment of the Employee may be terminated without Cause at any time by the
Company on delivery to the Employee of a written Notice of Termination (as
defined in Section 9.1). On the Date of Termination (as defined in
Section 9.2) pursuant to this Section 7.2, the Company shall, in lieu
of any payments under Section 4.1 and 4.2 for the remainder of the Term,
pay to the Employee an amount equal to the lesser of: (a) the
Employee’s Base Salary for a period of one (1) year from the date of
termination, and (b) the Employee’s Base Salary for the remainder of the
Term. In addition, the Employee shall be entitled to the pro-rated maximum
Bonus available to the Employee under Section 4.2 for the year in which the
termination occurs. Such payment by the Company shall be paid in
accordance with the Company’s normal payroll practices and not as a lump sum
payment. In addition, the Company will pay as incurred the Employee’s
expenses, up to Fifteen Thousand Dollars ($15,000.00), associated with career
counseling and resume development. The Company shall also pay to the
Employee an amount equal to the Company’s portion (but not the Employee’s
portion) of the cost of medical insurance at the rate in effect on the Date
of
Termination for a period of one (1) year from the Date of Termination. In
addition, on termination of the Employee under this Section 7.2, all of the
Employee’s outstanding but unvested options and rights relating to capital stock
of the Company shall immediately vest and become exercisable, and all RSUs
and
shares of the Company’s restricted stock issued to the Employee shall
immediately vest and become unrestricted and freely transferable. The term
of any such options and rights shall be extended to the first (1st)
anniversary of the Employee’s termination. The Employee acknowledges that
extending the term of any incentive stock options pursuant to this
Section 7.2 or Sections 7.3, 7.4 or 8 below, could cause such option to
lose its tax-qualified status if it is an incentive stock option under the
Code
and agrees that the Company shall have no obligation to compensate the Employee
for any additional taxes he incurs as a result. In addition, any portion
of Employee’s relocation expenses otherwise reimbursable to the Company on
termination shall be forgiven.
7.3 Termination
on Disability. If
during the Term the Employee should fail to perform his duties hereunder on
account of physical or mental illness or other incapacity which the Company
shall in good faith determine renders the Employee incapable of performing
his
duties hereunder, and such illness or other incapacity shall continue for a
period of more than six (6) consecutive months (“Disability”),
the
Company shall have the right, on written Notice of Termination delivered to
the
Employee to terminate the Employee’s employment under this Agreement.
During the period that the Employee shall have been incapacitated due to
physical or mental illness, the Employee shall continue to receive the full
Base
Salary provided for in Section 4.1 hereof at the rate then in effect until
the Date of Termination pursuant to this Section 7.3. On the Date of
Termination pursuant to this Section 7.3, the Company shall pay to the
Employee the payments and other benefits applicable to termination without
Cause
set forth in Section 7.2 hereof, other than those related to career
counseling and resume development. The Company shall also pay, on behalf
of the Employee, an amount equal to the Company’s portion (not the Employee’s
portion) of the cost of medical insurance at the rate in effect on the Date
of
Termination for a period of one (1) year from the Date of Termination. In
addition, on such termination, all of the Employee’s outstanding but unvested
options and rights relating to capital stock of the Company shall immediately
vest and become exercisable, and all RSUs and shares of the Company’s restricted
stock issued to the Employee shall immediately vest and become unrestricted
and
freely transferable. The term of any such options and rights shall be
extended to the first (1st)
anniversary of the Employee’s termination.
7.4 Termination
on Death. If
the Employee shall die during the Term, the employment of the Employee shall
thereupon terminate. On the Date of Termination pursuant to this
Section 7.4, the Company shall pay to the Employee’s estate the payments
and other benefits applicable to termination without Cause set forth in
Section 7.2 hereof, other than those related to career counseling and
resume development. In addition, on termination of the Employee under this
Section 7.4, all of the Employee’s outstanding but unvested options and
rights relating to capital stock of the Company shall immediately vest and
become exercisable, and all RSUs and shares of the Company’s restricted stock
issued to the Employee shall immediately vest and become unrestricted and freely
transferable. The term of any such options and rights shall be extended to
the first anniversary of the Employee’s termination. The provisions of
this Section 7.4 shall not affect the entitlements of the Employee’s heirs,
executors, administrators, legatees, beneficiaries or assigns under any employee
benefit plan, fund or program of the Company. If permitted by applicable
law and the terms of the applicable equity plans, such payments, options and
rights shall be paid to the Xxxxxxx Xxxxxxx Family Trust.
7.5 No
Limitation on Company’s Right to Terminate. Any
other provision in this Agreement to the contrary notwithstanding, the Company
shall have the right, in its absolute discretion, to terminate this Agreement
and the Employee’s employment hereunder at any time in accordance with the
foregoing provisions of this Section 7, it being the intent and purpose of
the foregoing provisions of this Section 7 only to set forth the
consequences of termination with respect to severance or other compensation
payable to the Employee on termination in the circumstances indicated.
8. Termination
by Employee. The
Employee may terminate his employment hereunder on written Notice of Termination
delivered to the Company setting forth the effective date of termination.
If the Employee terminates his employment hereunder, he shall be entitled to
receive, and the Company agrees to pay on the effective date of termination
specified in the Notice of Termination, his current Base Salary under
Section 4.1 hereof on a prorated basis to such date of termination.
On termination pursuant to this Section 8, the Employee shall
forfeit: (i) his Bonus under Section 4.2 for the year in which
such termination occurs; and (ii) all outstanding but unvested options and
rights relating to capital stock of the Company, and all RSUs and shares of
the
Company’s restricted stock issued to the Employee that as of the termination
date are still unvested and subject to restrictions on transfer.
9.
Provisions
Applicable to Termination of Employment.
9.1 Notice
of Termination. Any
purported termination of Employee’s employment by the Company pursuant to
Section 7 shall be communicated by Notice of Termination to the Employee as
provided herein, and shall state the specific termination provisions in this
Agreement relied on and set forth in reasonable detail the facts and
circumstances claimed to provide a basis for termination of the Employee’s
employment (“Notice
of Termination”).
If the Employee terminates under Section 8, he shall give the Company a
Notice of Termination.
9.2 Date
of Termination. For
all purposes, “Date
of Termination”
shall
mean, for Disability, thirty (30) days after Notice of Termination is given
to
the Employee (provided the Employee has not returned to duty on a full-time
basis during such 30-day period), or, if the Employee’s employment is terminated
by the Company for any other reason or by the Employee, the date on which a
Notice of Termination is given.
9.3 Benefits
on Termination. On
termination of this Agreement by the Company pursuant to Section 7 or by
the Employee pursuant to Section 8, all profit-sharing, deferred
compensation and other retirement benefits payable to the Employee under benefit
plans in which the Employee then participated shall be paid to the Employee
in
accordance with the provisions of the respective plans.
10.
Change
In Control.
10.1 Payments
on Change in Control. Notwithstanding
any provision in this Agreement to the contrary, unless the Employee elects
in
writing to waive this provision, a Change in Control (as defined below) of
the
Company shall be deemed a termination of the Employee without Cause, and the
Employee shall be entitled to receive and the Company agrees to pay to the
Employee the same amount determined under Section 7.2 that is payable to
the Employee on termination without Cause provided, however, that such amount
shall be payable in a lump sum on the Date of Termination and not in
installments as provided in Section 7.2. In addition, on a Change of
Control, all of the Employee’s outstanding but unvested options and rights
relating to capital stock of the Company shall immediately vest and become
exercisable, the term of any such options and rights shall be extended to the
first anniversary of the Employee’s termination, and all RSUs and shares of the
Company’s restricted stock issued to the Employee shall immediately vest and
become unrestricted.
After
a
Change in Control, if any previously outstanding option or right (the
“Terminated
Option”)
relating to the Company’s capital stock does not remain outstanding, the
successor to the Company or its then Parent (as defined below) shall
either:
| (a) |
Issue
an option, warrant or right, as appropriate (the “Successor
Option”),
to purchase common stock of such successor or Parent in an amount
such
that on exercise of the Successor Option the Employee would receive
the
same number of shares of the successor’s/Parent’s common stock as the
Employee would have received had the Employee exercised the Terminated
Option immediately prior to the transaction resulting in the Change
in
Control and received shares of such successor/Parent in such
transaction. The aggregate exercise price for all of the shares
covered by such Successor Option shall equal the aggregate exercise
price
of the Terminated Option; or
|
| (b) |
Pay
the Employee a bonus within ten (10) days after the consummation
of the
Change in Control in an amount agreed to by the Employee and the
Company. Such amount shall be at least equivalent on an after-tax
basis to the net after-tax gain that the Employee would have realized
if
the Employee had been issued a Successor Option under Section 10.1(a)
above and had immediately exercised such Successor Option and sold
the
underlying stock, taking into account the different tax rates that
apply
to such bonus and to such gain, and such amount shall also reflect
other
differences to the Employee between receiving a bonus under this
Section 10.1(b) and receiving a Successor Option under
Section 10.1(a) above.
|
Employment
Agreement: XXXX XXXXXXX
Page
6
10.2 Definitions. For
the purposes of this Agreement, a Change in Control shall be deemed to have
occurred if: (i) there shall be consummated (aa) any reorganization,
liquidation or consolidation of the Company, or any merger or other business
combination of the Company with any other corporation, other than any such
merger or other combination that would result in the voting securities of
the
Company outstanding immediately prior thereto continuing to represent (either
by
remaining outstanding or by being converted into voting securities of the
surviving entity) at least fifty percent (50%) of the total voting power
represented by the voting securities of the Company or such surviving entity
outstanding immediately after such transaction, and (bb) any sale, lease,
exchange or other transfer (in one transaction or a series of related
transactions) of all, or substantially all, of the assets of the Company;
or
(ii) if any “person” (as defined in Section 13(d) and 14(d) of the
Securities Exchange Act of 1934, as amended (the “Exchange
Act”)),
shall become the “beneficial owner” (as defined in Rule 13d-3 under the
Exchange Act), directly or indirectly, of fifty percent (50%) or more of
the
Company’s outstanding voting securities (except that for purposes of this
Section 10.2, “person” shall not include any person (or any person that
controls, is controlled by or is under common control with such person) who
as
of the date of this Agreement owns ten percent (10%) or more of the total
voting
power represented by the outstanding voting securities of the Company, or
a
trustee or other fiduciary holding securities under any employee benefit
plan of
the Company, or a corporation that is owned directly or indirectly by the
stockholders of the Company in substantially the same percentage as their
ownership of the Company); or (iii) if during any period of two (2)
consecutive years, individuals who at the beginning of such period constituted
the entire Board shall cease for any reason to constitute at least one-half
(½)
of the membership thereof unless the election, or the nomination for election
by
the Company’s shareholders, of each new director was approved by a vote of at
least one-half of the directors then still in office who were directors at
the
beginning of the period.
The
term
“Parent”
means
a
corporation, partnership, trust, limited liability company or other entity
that
is the ultimate “beneficial owner” (as defined above) of fifty percent (50%) or
more of the Company’s outstanding voting securities.
11. Non-Competition
and Non-Solicitation.
11.1 In
consideration of the provisions hereof, for the Restricted Period (as defined
below), the Employee will not, except as specifically provided below, anywhere
in any county in the State of California or anywhere in any other state in
which
the Company is engaged in business as of such termination date (the
“Restricted
Territory”),
directly or indirectly, acting individually or as the owner, shareholder,
partner or management employee of any entity: (i) engage in the
operation of a solid waste collection, transporting or disposal business,
transfer facility, recycling facility, materials recovery facility or solid
waste landfill; or (ii) enter the employ as a manager of, or render any
personal services to or for the benefit of, or assist in or facilitate the
solicitation of customers for, or receive remuneration in the form of management
salary, commissions or otherwise from, any business engaged in such activities
in such counties; or (iii) receive or purchase a financial interest in,
make a loan to, or make a gift in support of, any such business in any capacity,
including without limitation, as a sole proprietor, partner, shareholder,
officer, director, principal agent or trustee; provided, however, that the
Employee may own, directly or indirectly, solely as an investment, securities
of
any business traded on any national securities exchange or quoted on any NASDAQ
market, provided the Employee is not a controlling person of, or a member of
a
group which controls, such business and further provided that the Employee
does
not, in the aggregate, directly or indirectly, own two percent (2%) or more
of
any class of securities of such business. The term “Restricted
Period”
shall
mean the earlier of: (i) the maximum period allowed under applicable
law; and (ii) (aa) in the case of a Change of Control, until the first
anniversary of the effective date of the Change of Control, (bb) in the
case of a termination by the Company without Cause pursuant to Section 7.2
and provided the Company has made the payments required under Section 7.2,
as the case may be, until the first (1st)
anniversary of the Date of Termination, or (cc) in the case of Termination
for Cause by the Company pursuant to Section 7.1 or by the Employee
pursuant to Section 8, until the first (1st)
anniversary of the Date of Termination.
11.2 After
termination of this Agreement by the Company or the Employee pursuant to
Section 7 or 8 or termination of this Agreement upon a Change in Control
pursuant to Section 10, the Employee shall not: (i) solicit any
residential or commercial customer of the Company to whom the Company provides
service pursuant to a franchise agreement with a public entity in the Restricted
Territory; or (ii) solicit any residential or commercial customer of the
Company to enter into a solid waste collection account relationship with a
competitor of the Company in the Restricted Territory; or (iii) solicit any
such public entity to enter into a franchise agreement with any such competitor,
or (iv) solicit any officer, employee or contractor of the Company to enter
into an employment or contractor agreement with a competitor of the Company
or
otherwise interfere in any such relationship; or (v) solicit on behalf of a
competitor of the Company any prospective customer of the Company in the
Restricted Territory that the Employee called on or was involved in soliciting
on behalf of the Company during the Term, in each case until the first
(1st)
anniversary of the date of such termination or the effective date of such change
of control (whichever is later), unless otherwise permitted to do so by
Section 11.1.
11.3 If
the
final judgment of a court of competent jurisdiction declares that any term
or
provision of this Section 11 is invalid or unenforceable, the parties agree
that the court making the determination of invalidity or unenforceability shall
have the power to reduce the scope, duration or area of the term or provision,
to delete specified words or phrases or to replace any invalid or unenforceable
term or provision with a term or provision that is valid and enforceable and
that comes closest to expressing the intention of the invalid or unenforceable
term or provision, and this Agreement shall be enforceable as so modified after
the expiration of the time within which the judgment may be appealed.
12. Indemnification. As
an officer and agent of the Company, the Employee shall be fully indemnified
by
the Company to the fullest extent permitted by applicable law in connection
with
his employment hereunder.
13. Survival
of Provisions. The
obligations of the Company under Section 12 of this Agreement, and of the
Employee under Section 11 of this Agreement, shall survive both the
termination of the Employee’s employment and this Agreement.
14. No
Duty to Mitigate; No Offset. The
Employee shall not be required to mitigate damages or the amount of any payment
contemplated by this Agreement, nor shall any such payment be reduced by any
earnings that the Employee may receive from any other sources or offset against
any other payments made to him or required to be made to him pursuant to this
Agreement.
15. Assignment;
Binding Agreement. The
Company may assign this Agreement to any parent, subsidiary, affiliate or
successor of the Company. This Agreement is not assignable by the Employee
and is binding on him and his executors and other legal representatives.
This Agreement shall bind the Company and its successors and assigns and inure
to the benefit of the Employee and his heirs, executors, administrators,
personal representatives, legatees or devisees. The Company shall assign
this Agreement to any entity that acquires its assets or business.
16. Notice. Any
written notice under this Agreement shall be personally delivered to the other
party or sent by a nationally recognized overnight delivery service or by
certified or registered mail, return receipt requested and postage prepaid,
to
the principal executive office of the Company at the address of the Employee
set
forth in the records of the Company, as the case may be, or to such other
address as either party may from time to time specify by written notice.
17. Entire
Agreement; Amendments. This
Agreement contains the entire agreement of the parties relating to the
Employee’s employment and supersedes all oral or written prior discussions,
agreements and understandings of every nature between them. This Agreement
may not be changed except by an agreement in writing signed by the Company
and
the Employee. This Agreement supercedes and replaces the Employment
Agreement between the Company and the Employee dated April 1,
2000.
18. Waiver. The
waiver of a breach of any provision of this Agreement shall not operate or
as be
construed to be a waiver of any other provision or subsequent breach of this
Agreement.
19. Governing
Law and Jurisdictional Agreement. This
Agreement shall be governed by and construed and enforced in accordance with
the
laws of the State of California. The parties irrevocably and
unconditionally submit to the jurisdiction and venue of any court, federal
or
state, situated within Sacramento County, California, for the purpose of any
suit, action or other proceeding arising out of, or relating to or in connection
with, this Agreement.
20. Severability. In
case any one or more of the provisions contained in this Agreement is, for
any
reason, held invalid in any respect, such invalidity shall not affect the
validity of any other provision of this Agreement, and such provision shall
be
deemed modified to the extent necessary to make it enforceable.
21. Enforcement. It
is agreed that it is impossible to measure fully, in money, the damage which
will accrue to the Company in the event of a breach or threatened breach of
Sections 5, 6, or 11 of this Agreement, and, in any action or proceeding to
enforce the provisions of Sections 5, 6 or 11 hereof, the Employee waives
the claim or defense that the Company has an adequate remedy at law and will
not
assert the claim or defense that such a remedy at law exists. The Company
is entitled to injunctive relief to enforce the provisions of such sections
as
well as any and all other remedies available to it at law or in equity without
the posting of any bond. The Employee agrees that if the Employee breaches
any provision of Section 11, the Company may recover as partial damages all
profits realized by the Employee at any time prior to such recovery on the
exercise of any warrant, option or right to purchase the Company’s Common Stock
and the subsequent sale of such stock, and may also cancel all outstanding
such
warrants, options and rights.
Employment
Agreement: XXXX XXXXXXX
Page
9
22. Counterparts. This
Agreement may be executed in one or more facsimile or original counterparts,
each of which shall be deemed an original and both of which together shall
constitute one and the same instrument.
[Signatures
appear on the following page]
Employment
Agreement: XXXX XXXXXXX
Page
10
IN
WITNESS WHEREOF,
this
Employment Agreement has been duly executed by or on behalf of the parties
hereto as of the date first above written.
| Waste Connections, Inc. | ||
|
___________________________________
|
By: |
_________________________________
|
|
Xxxx
Xxxxxxx
|
Xxxxxx
X. Xxxxxxxxxxxx,
|
|
|
Chief
Executive Officer
|
||
|
Address:
|
||
Employment
Agreement: XXXX XXXXXXX
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