EXHIBIT (10)(r)
EXTENSION NO. 2 OF EMPLOYMENT AGREEMENT
This Extension of Employment Agreement (the "Agreement") is entered into as of
the 9th day of May 2001, by and between Xxxxxxxx'x Nursery, Inc., a Texas
corporation ("Employer") and Xxxx X. Xxxxxx ("Employee").
WHEREAS, Employee has been employed by Employer under the terms of an employment
agreement dated July 2, 1991 (the "Original Agreement"), which was extended on
July 2, 1996 ("Extension No. 1"), which would terminate by its terms on July 2,
2001; and
WHEREAS, Employer and Employee each desire to renew and extend the term of the
Original Agreement, as amended by Extension No. 1;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
of the mutual covenants and agreement contained herein, and for other good and
valuable consideration, the receipt and sufficiency of which is acknowledged,
the parties agree as follows:
9. In accordance with the provisions of the last sentence of Section 3 of
the Original Agreement, the Term, as defined in that agreement, is
amended so that it will end on July 2, 2006, unless earlier terminated
by either party pursuant to its terms.
10. The address for the Employer in Section 10 is amended to read as
follows:
Xxxxxxxx'x Nursery, Inc.
0000 Xxxxxxx Xxxxxxx, Xxxxx 000
Xxxx Xxxxx, XX 00000-0000
11. The Salary in Section 4(a) is amended to $175,000.
12. Except as amended by Extension No. 1 and by this Extension No. 2, all
of the terms and provisions of the Original Agreement are ratified,
confirmed and approved.
EMPLOYER:
XXXXXXXX'X NURSERY, INC.
BY: /s/ Xxxxx X. Xxxxxx
-------------------
Xxxxx X. Xxxxxx, President
EMPLOYEE:
BY: /s/ Xxxx X. Xxxxxx
------------------
Xxxx X. Xxxxxx
