EXHIBIT 10.9(a)
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this "Amendment") is made
and entered into as of October 16, 2006 by and between HELIX BIOMEDIX, INC., a
Delaware corporation ("Helix"), and R. XXXXXXX XXXXXX ("Employee").
RECITALS
WHEREAS, Helix and Employee entered into an Employment Agreement effective
July 1, 2003, as amended (the "Agreement"); and
WHEREAS, Helix and Employee wish to further amend the Agreement as provided
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the premises, the mutual covenants of
the parties hereinafter set forth and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Section 2 of the Agreement is hereby amended and restated in its
entirety as follows:
"Subject to the terms and conditions of this Agreement, the term hereof
("Term") shall commence on July 1, 2003 and will continue in effect unless and
until terminated by either the Company or Executive as set forth herein."
2. The second sentence of Section 3(a) of the Agreement is hereby amended
and restated in its entirety as follows:
"The Board shall review Executive's compensation and performance annually,
and Executive shall be eligible for an increase in his base salary or other
compensation based on such review."
3. Section 3(e) of the Agreement is hereby amended and restated in its
entirety as follows:
"Executive shall be entitled to receive four weeks paid vacation and all
benefits (such as medical, dental, sick leave, disability, and retirement
benefits) as are generally available from time to time to employed senior
executives of the Company."
4. The effective date of this Amendment shall be June 30, 2006.
5. The parties hereto hereby acknowledge the continuing effect of the
Agreement except as specifically modified by this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the day and year first above written.
HELIX BIOMEDIX, INC. EXECUTIVE:
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By: Xxxxxxx X. Xxxxxx, Ph.D R. Xxxxxxx Xxxxxx
Director