EXHIBIT 10.21
AMENDMENT NO. 1 TO SERVICE AGREEMENT
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Amendment No. 1 dated as of January 1, 2000 (this "Amendment") to that
certain Service Agreement dated as of April 30, 1981 (the "Service Agreement")
between SeaquistPerfect Dispensing GmbH, formerly Perfect-Valois GmbH, (the
"Company") and Xxxx X. Siebel (the "Manager"). Capitalized terms used but not
otherwise defined herein shall have the respective meanings specified in the
Service Agreement.
WHEREAS, the parties have heretofore entered into the Service
Agreement; and
WHEREAS, in order to set forth certain understandings of the parties,
the parties desire to enter into this Amendment;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
A. Section 6(1) of the Service Agreement is deleted in its entirety
and replaced with the following:
(1) This Agreement shall continue until December 31, 2000 (the
"Original Term") and shall thereafter automatically be renewed for
successive one-year periods (each, a "Renewal Term"), unless terminated in
writing by the Company or the Manager with a notice of at least seven
months before the end of the Original Term or any Renewal Term.
B. Section 6(3) of the Service Agreement is deleted in its entirety
and replaced with the following:
(3) The Agreement terminates automatically upon the death of the
Manager.
C. A new Section 6(4) of the Service Agreement is added to read as
follows:
(4) Notwithstanding anything contained herein to the contrary, any
payments due to the Manager's survivors under Section 4(2) shall survive a
termination of this Agreement pursuant to Section 6(3).
D. The following miscellaneous provisions shall apply to this
Amendment:
(a) Except as amended herein, the Service Agreement remains in full
force and effect.
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(b) This Amendment may be executed in several counterparts, each of
which will be deemed an original, but all of which together will constitute
one and the same instrument.
(c) Wherever possible, each provision hereof shall be interpreted in
such manner as to be effective and valid under applicable law, but in case
any one or more of the provisions contained herein shall, for any reason,
be held to be invalid, illegal or unenforceable in any respect, such
provision shall be ineffective to the extent, but only to the extent, of
such invalidity, illegality or unenforceability without invalidating the
remainder of such invalid, illegal or unenforceable provision or provisions
or any other provisions hereof, unless such a construction would be
unreasonable.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the day and year first above written.
Aptar GmbH
By: /s/ Xxxxxxxx
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Name: Xxxxx Xxxxxxxx
/s/ Xxxx X. Siebel
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Xxxx X. Siebel
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