Exhibit 10.24(a)
FIRST AMENDMENT TO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
This First Amendment to Amended and Restated Employment Agreement (the
"Amendment") is made and entered into as of the 12th day of June, 2001, by and
between Xxxxx'x General Stores, Inc., an Iowa corporation (the "Company") and
Xxxx X. Xxxxxx ("Xxxxxx").
WHEREAS, the Company and Xxxxxx are parties to an Amended and Restated
Employment Agreement dated as of October 24, 1997 (the "Original Agreement"),
providing for Xxxxxx'x employment as Corporate Secretary of the Company under
the terms and conditions set forth therein; and
WHEREAS, the Original Agreement provides for Xxxxxx to be employed
thereunder until August 1, 2001; and
WHEREAS, the Company and Xxxxxx have agreed to extend the term of the
Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set
forth in this Amendment, the parties hereto agrees as follows:
1. Amendment of Section 2 of Original Agreement. Section 2 of the
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Original Agreement is hereby amended to read as follows:
2. Employment and Term. The Company agrees to employ Xxxxxx, and
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Xxxxxx agrees to serve the Company, as Corporate Secretary of the
Company until August 1, 2004, unless his employment is otherwise
terminated as provided herein; provided, however, that in the
event of a Change of Control during the foregoing Employment
Period, this Agreement shall continue in full force and effect
for an additional period of three (3) years following the
expiration of the Employment Period (until August 1, 2007).
2. Ratification. Except as set forth herein, the terms and conditions of
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the Original Agreement are hereby ratified, confirmed and approved.
3. Effective Date of Amendment. The Amendment provided for herein shall
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be deemed effective as of June 12, 2001.
IN WITNESS WHEREOF, the respective parties have caused this Amendment to be
executed as of the day and year first above written.
XXXXX'X GENERAL STORES, INC.
By: /s/ Xxxxxx X. Xxxx
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Xxxxxx X. Xxxx, President and Chief
Executive Officer
ATTEST:
By: /s/ Xxx X. Xxxxx
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Xxx X. Xxxxx, Assistant Secretary
/s/ Xxxx X. Xxxxxx
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Xxxx X. Xxxxxx