Exhibit 10(i)
Amendment to Employment Agreement ("the Agreement")
dated March 19, 2002 between Xxx Xxxxxxxx Xxxxxxx ("the Company") and
Xxxxxx X. XxXxxxx ("the Executive")
WHEREAS, the Company and the Executive have determined that it is mutually
beneficial for the Executive to continue his employment with the Company for no
less than one year beyond April 30, 2004, and the Executive has agreed to
continue his employment for no less than one year beyond April 30, 2004.
THEREFORE, in consideration of the premises and mutual covenants contained
herein and for good and valuable consideration, the receipt of which is mutually
acknowledged, the Company and the Executive agree as follows:
1. With respect to the Employment Period ending April 30, 2004, the Company and
the Executive each waives the right to give notice of non renewal of the
Agreement to the other party as provided for in Section 2 of the Agreement.
2. Section 3(a) Position and Duties of the Agreement is amended to read as
follows:
"The Executive shall serve in the position of Vice Chairman - Technical
Operations, effective November 17, 2003".
3. Effective for all Employment Periods beginning May 1, 2004, Section 2 Term of
Agreement is amended to read as follows:
"The Company hereby agrees to continue the Executive in its employ, and the
Executive hereby agrees to remain in the employ of the Company, subject to
the terms and conditions of this Agreement, for the period commencing on
May 1, 2004 (the "Effective Date") and ending on April 30, 2005 (the
"Employment Period"); provided, however, that unless previously terminated,
the Employment Period shall be automatically extended so as to terminate
one year from the end of the Employment Period, unless, no later than 90
days prior to the end of the Employment Period, either the Company or the
Executive shall give notice to the other party that the Employment Period
shall not be so extended. This Agreement shall automatically terminate and
be replaced and superseded by the Change of Control Employment Agreement
executed between the Company and the Executive (the "Change of Control
Agreement") upon the Effective Date of the Change of Control Agreement as
defined therein".
4. Except as specifically contained herein, all other terms and conditions of
the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Executive has hereunto set the Executive's hand and the
Company has caused these presents to be executed in its name and on its behalf,
this 17th day of November, 2003.
/s/ Xxxxxx X. XxXxxxx
--------------------------
Xxxxxx X. XxXxxxx
XXX XXXXXXXX XXXXXXX
/s/ Xxxxxx X. Xxxxxxx
By_________________________
Xxxxxx X. Xxxxxxx
Senior Vice President,
Human Resources
