AMENDMENT TO EMPLOYMENT AGREEMENT
Whereas, Amtech Systems, Inc. ("Employer) and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ("Employee")
entered into an Employment Agreement (the "Agreement") dated July 1, 1997; and
Whereas, Employer and Employee now desire to modify the Agreement pursuant
to Paragraph 2.19 thereof, and to enter into this Amendment to Employment
Agreement ("Agreement");
The parties hereto therefore agree to the following modifications to the
Agreement, to be effective as of the date set forth below; with all unmodified
portions of the Agreement to remain in full force and effect as written:
1. Paragraph 2.4 of the Agreement is hereby deleted and replaced by the
following:
2.4 Employee's duties for Employer will be determined based upon the
mutual agreement of Employee and Employer, through its President or the
Chairman of its Board of Directors, as they may agree from time to time.
Employee shall devote his time, attention, skills and energies to complete
the mutually agreed upon assignments in a professional and timely manner
and shall serve Employer faithfully, diligently and to the best of his
ability. Employee's assignments shall be primarily in the areas of
corporate development, and he will not have direct line responsibility for
▇.▇. ▇▇▇▇▇▇▇ Machine Products, Inc., but may have responsibility for
specific assignments related to ▇.▇. ▇▇▇▇▇▇▇ as agreed upon pursuant to
this paragraph. Employee will initially be principally located in
Dillsburg, Pennsylvania, and will transition to residence in Prescott,
Arizona on a schedule to be determined by him. While in Arizona, and
working on assignments for Employer, Employee may be required to report to
Employer's corporate offices in Tempe, Arizona no more than three days per
week. Employee will be responsible for all travel expenses between
Prescott, Arizona and Employer's corporate offices in Tempe, Arizona, and
will not be reimbursed for such expenses. Employer shall not hold the
position of Director of Employer or any of its subsidiaries and agrees
immediately to resign, and hereby does resign, as President and Director of
▇.▇. ▇▇▇▇▇▇▇ Machine Products, Inc.
2. Employer will not furnish Employee with a car or pay any expenses
associated with a leased vehicle.
3. Employer will include Employee in its Pennsylvania payroll until such
time as Employee notifies Employer in writing that he has relocated to Arizona.
Beginning at the time of receipt of such notice, Employer will include Employee
in its Arizona payroll. Employer is entitled to rely upon the notice from
Employee as to the date of change in his state of his residence. Employee will
indemnify, defend, and hold harmless Employer from and against any claims by any
state or local taxing authority arising out of the inclusion of Employee on
either Employer's Pennsylvania payroll or Employer's Arizona payroll.
4. Paragraph 2.6(b) of the Agreement and the last two sentences of
Paragraph 2.7 of the Agreement are hereby deleted and are replaced by the
following:
2.6(b) Employee shall be entitled to participate in any group benefit,
insurance or pension plan to the same extent as similarly situated
employees in Pennsylvania or, after he designates his relocation, in
Arizona. Employee will not accrue or be entitled to any paid vacation or
holidays and shall not be paid any vacation or holiday pay at any time
regardless of the number of hours worked.
5. Employer will reimburse Employee for long distance telephone charges in
connection with Employer business, including but not limited to charges for
calls between Prescott, Arizona and Tempe, Arizona, subject to his furnishing
appropriate documentation as required by Paragraph 2.7 of the Agreement.
6. Employer will provide Employee with a desktop computer with an
approximate value of $1,500 for Employee's use at his residence in either
Pennsylvania or Arizona, which computer will be owned by Employer and returned
to Employer upon termination of the Agreement.
7. Paragraph 2.21 of the Agreement is amended by substituting "Arizona" for
"Pennsylvania" in the second line thereof.
8. Paragraph 2.18 of the Agreement is amended by inserting "as amended
herein" between "Agreement" and "constitutes" in the first line.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment this
21st day of January, 1999.
Amtech Systems, Inc.
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇
-------------------------------------
Its Vice President-Finance
------------------------------------
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇
----------------------------------------
▇▇▇▇ ▇. ▇▇▇▇▇▇▇
