EXHIBIT 10.1
AMENDMENT TO THE COMMUNITY BANK OF TRI-COUNTY
EMPLOYMENT AGREEMENT
WITH C. XXXXX XXXXX
WHEREAS, C. Xxxxx Xxxxx (the "Employee") entered into an employment
agreement with Community Bank of Tri-County (the "Bank") effective December 17,
1993 (the "Agreement"); and
WHEREAS, the Bank and the Employee desire to amend the term of the
agreement to provide for a 36 continuous month period of employment; and
WHEREAS, the Bank and the Employee desire to amend the Agreement to
increase the period over which severance would be paid in the event of
termination without cause from twelve (12) months to twenty-four (24) months;
and
WHEREAS, Section 13 of the Agreement provides that the Agreement may be
amended or modified by means of a written instrument signed by the parties.
NOW, THEREFORE, the Bank and the Employee hereby agree to amend the
Agreement as follows:
FIRST CHANGE
Effective June 27, 2005, Section 5 is deleted in its entirety and
replaced with the following new Section 5:
"Term.
(a) Effective as of June 27, 2005, the term of this Agreement
shall be (i) a term consisting of the period commencing on
June 27, 2005, and ending on the third anniversary of thereof,
plus (ii) any and all extensions of the initial term made
pursuant to Section 5(b) of this Agreement.
(b) Commencing on June 27, 2005, and on each day thereafter, the
term under this Agreement shall renew automatically for an
additional one (1) day period beyond the then effective
expiration date, without action by any party, provided that
neither the Bank, on the one hand, nor the Employee, on the
other, shall have given at least sixty (60) days written
notice of its or her desire that the term not renew. In the
case notice is given by one party to the other, the term of
this Agreement shall become fixed and shall end on the third
anniversary of the date of the notice."
SECOND CHANGE
Effective June 27, 2005, the first sentence of Section 9(d) of the
Agreement shall be deleted in its entirety and replaced with the following new
sentence:
"Subject to Section II hereof, the board may, by written notice to the
Employee, immediately terminate his/her employment at any time for a reason
other than Just Cause, in which event the Employee shall be entitled to receive
the following compensation and benefits: (i) the salary provided pursuant to
Section 2 hereof, up to the date of termination of the term (including any
renewal term) of this Agreement (the "Expiration Date"), plus said salary for an
additional twenty-four (24) month period, and (ii) the cost to the Employee of
obtaining all health, life, disability and other benefits which the Employee
would have been eligible to participate in through the Expiration Date based
upon benefit levels substantially equal to those that the Bank provided for the
Employee at the date of termination of employment."
IN WITNESS WHEREOF, the undersigned hereby approve this Amendment to
the Agreement.
Date of Execution:
ATTEST: COMMUNITY BANK OF TRI-COUNTY
/s/ Xxxxxxx X. Xxxxxxxx /s/ X. Xxxxxx Xxxxx
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WITNESS: EMPLOYEE
/s/ Xxxxxxx X. Xxxxxxxx /s/ C. Xxxxx Xxxxx
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C. Xxxxx Xxxxx
