AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT
AMENDMENT
NO. 1 TO THE
This
AMENDMENT NO. 1 TO EMPLOYMENT
AGREEMENT (the “Amendment”) is made effective this July 10, 2008, amends
that certain Employment Agreement, dated December 28, 2007, by and between
America West Resources, Inc. (the “Employer”) and Xxxxxxxxx X. Xxxxxx III
(“Executive”).
WHEREAS,
the Employer and
Executive have agreed to make certain changes to the Employment
Agreement;
NOW,
THEREFORE, in
consideration of the above, and for other good and valuable consideration,
the
receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Section
3.A of the Employment Agreement is hereby amended in its entirety and replaced
with the following:
“A.
Capacity. The
Executive shall serve in the capacity of Secretary of the
Employer. The Executive shall perform the duties ordinarily expected
of as a Secretary and shall also perform such other duties consistent therewith
as the Board of Directors of the Employer shall, from time to time, reasonably
determine.”
IN
WITNESS WHEREOF, each of
the parties hereto has executed this Amendment or has caused this Amendment
to
be executed on its behalf by a representative duly authorized, all as of
the
date first above set forth.
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By:
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/s/
XXXXX XXXXXXXXX
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Name:
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Xxxxx
Xxxxxxxxx
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Title:
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Chief
Financial Officer
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/s/
XXXXXXXXX X. XXXXXX III
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Xxxxxxxxx
X. Xxxxxx
III
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