EMPLOYMENT AGREEMENTEmployment Agreement • December 10th, 2010 • Headwaters Inc • Concrete products, except block & brick • Utah
This employment agreement (“Agreement”) is entered into effective as of December 8, 2010 (“Effective Date”) by and between Donald P. Newman (the “Executive”) and Headwaters Incorporated, a Delaware corporation (the “Company”).
Re: Employment Transition AgreementEmployment Transition Agreement • December 10th, 2010 • Headwaters Inc • Concrete products, except block & brick • Utah
We have agreed to a plan for your retirement from Headwaters Incorporated (“Headwaters” or the “Company”). The Company has requested your assistance in effecting a smooth transition of your duties and responsibilities as the Chief Financial Officer of the Company to your successor. This letter agreement (this “Agreement”) sets forth the terms of employment transition between you (“you” or “Executive”) and the Company effective as of the date of this Agreement (“Effective Date”) and supersedes the terms of your employment agreement with the Company dated 26 October 2007 (the “Prior Agreement”) and the Change in Control agreement between you and the Company dated 4 September 2007 (the “Change in Control Agreement”).
