EXHIBIT 10.52
FIRST AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT
This Agreement, entered into and made effective as of July 29, 2002, by
and between EOTT ENERGY CORP., a Delaware corporation ("EOTT") having its
headquarters at 0000 X. Xxx Xxxxxxx Xxxxxxx, X., Xxxxx 000 Xxxxxxx, Xxxxx 00000
and XXXXX X. SAMPLE ("Employee"), is an amendment to that certain Executive
Employment Agreement between the EOTT and Employee entered into the 19th day of
January, 2001, and made effective as of December 1, 2000 (the "Employment
Agreement").
WHEREAS, the parties desire to amend the Employment Agreement as
provided herein;
NOW, THEREFORE, in consideration thereof and of the mutual covenants
contained herein, the parties agree as follows:
1. Exhibit "A" to the Employment Agreement is hereby deleted
in its entirety and the attached Exhibit "A" is inserted in its
entirety.
This Amendment is a First Amendment to the Employment Agreement, and
the parties agree that all other terms, conditions and stipulations contained in
the Employment Agreement, and any amendments thereto, shall remain in full force
and effect and without any change or modification, except as provided herein.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of
the date first above written.
EOTT ENERGY CORP.
By: ______________________________
Name: Xxxx X. Xxxxx
Title: President & Chief Operating Officer
This _____ day of ______________, 2002
XXXXX X. SAMPLE
___________________________________
This ____ day of ________________, 2002
EXHIBIT "A" TO
EXECUTIVE EMPLOYMENT AGREEMENT
BETWEEN
EOTT ENERGY CORP. AND XXXXX X. SAMPLE
Employee Name: Xxxxx X. Sample
Term: December 1, 2000 through December 31, 2003
Position: General Counsel
Location: Houston, Texas
Monthly Base Salary: Employee's monthly base salary shall not be less than
Ten Thousand Eight Hundred Thirty-Three and
Thirty-Three/100 Dollars ($10,833.33).
Bonus: Employee may be eligible to participate in the EOTT
Energy Corp. Annual Incentive Plan ("Plan") or any
appropriate replacement bonus plan of Employer. All
bonuses are discretionary and shall be paid in
accordance with the terms and provisions of the Plan.
Long Term Incentives: As recommended and approved in any EOTT Energy Long
Term Incentive Plan(s) by the Board of Directors of
EOTT Energy Corp.
EOTT ENERGY CORP.
By: ________________________________________________
Name: Xxxx X. Xxxxx
Title: President and Chief Operating Officer
This ___ day of _______________, 2002
XXXXX X. SAMPLE
____________________________________________
This ___ day of _____________, 2002
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