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Exhibit 10.28
AMENDMENT TO
EMPLOYMENT AGREEMENT
This Amendment is made as of October 15, 1998, by and between Mercury
Air Group, Inc., a New York corporation (hereinafter referred to as "Employer"),
and Xx. Xxxxxx X. Xxxxxx (hereinafter referred to as "Employee").
WHEREAS, Employer and Employee entered into that certain Employment
Agreement dated November 15, 1994 (the "Employment Agreement"); and
WHEREAS, Employer and Employee agree to amend the Employment Agreement
to reflect the wishes of the Compensation Committee of Employer with regard to
Employee's bonus plan calculation and to enable the Employment Agreement to
continue in full force and effect.
NOW, THEREFORE, the parties hereby agree to amend the Employment
Agreement as follows:
For purposes of all future bonus calculations pursuant to Paragraph Third,
subparagraph (b) Fiscal 1998 EBIT shall be deemed to be $15,156,000 (effectively
excluding the $7,050,000 loss attributable to Western Pacific Airlines) in
determining the three year trailing average of EBIT.
All other terms and conditions of the Employment Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
day and year first above written.
MERCURY AIR GROUP, INC.
/s/ Xxxxxxx Xxxx
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Xxxxxxx Xxxx, Chairman of the Board
/s/ Xxxxxx X. Xxxxxx
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Xxxxxx X. Xxxxxx, Individually
