EXHIBIT 10.6
FIRST AMENDMENT TO
AMENDED AND RESTATED
EMPLOYMENT AGREEMENT
This First Amendment to Amended and Restated Employment Agreement ("First
Amendment") is made effective as of the 1st day of January, 2004 (the "Effective
Date"), between CAL DIVE INTERNATIONAL, INC., a Minnesota corporation,
("Company"), and XXXXX XXXXX XXXXXX, III ("Employee"), an individual residing at
00 Xxxxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxx 00000.
WHEREAS, Company and Employee has previously entered into that certain
Amended and Restated Employment Agreement (the "Agreement") is made effective as
of the 1st day of May, 2002; and
WHEREAS, Company and Employee now wish to amend said Agreement to
reflect a change in Employee's Incentive Bonus (as defined in said Agreement);
NOW, THEREFORE, in consideration of the premises and mutual covenants
and agreements set forth herein, the parties hereto agree as follows:
1. Section 2(b) is deleted and substituted in lieu thereof the following
new Section 2(b):
(b) Incentive Bonus. During the Employment Term, in addition to the
Annual Salary payable to Employee pursuant to paragraph (a) above, Employee
shall be entitled to an annual incentive bonus (the "Incentive Bonus") based on
the achievement of personal, departmental and Company performance objectives,
payable not later than three months after the close of each fiscal year of the
Company, commencing with the fiscal year ending December 31, 2004, as
established annually or from time to time by the Board of Directors.
2. Except as hereby amended by this First Amendment, said Agreement shall
remain as originally written.
IN WITNESS, WHEREOF, the parties hereto have duly executed this First
Amendment effective as of the date first above written.
CAL DIVE INTERNATIONAL, INC. EMPLOYEE
By: /s/ XXXXXX X. XXXXXX /s/ XXXXX XXXXX XXXXXX, III
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Name: Xxxxxx X. Xxxxxx Xxxxx Xxxxx Xxxxxx, III
Title: President and Chief Operating Officer
