FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Exhibit 10.68
FIRST AMENDMENT TO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Pursuant to Section 7(c) of the Amended and Restated Employment Agreement (the Agreement) dated December 31, 2008, by and between Clean Energy Fuels Corp., Inc., a Delaware corporation (the Company) and James N. Harger, an individual (the Executive) (collectively, the Parties), the Parties hereby adopt the following amendment to the Agreement, to be effective as of the date specified below. Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such terms in the Agreement. All other terms and conditions of the Agreement that are not modified below shall continue to remain in full force and effect.
The first sentence of Section 2 of the Agreement is restated in its entirety to read as follows:
Employer agrees to employ Employee and Employee agrees to serve Employer, in accordance with the terms of this Agreement, for a term commencing on the Restatement Date and ending on December 31, 2015 (the Term).
IN WITNESS WHEREOF, the Parties have caused this amendment to the Agreement to be duly executed, to be effective as of February 17, 2012.
| EMPLOYER | |
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| CLEAN ENERGY FUELS CORP., | |
| a Delaware corporation | |
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| By: | /s/ Andrew J. Littlefair |
| Name: | Andrew J. Littlefair |
| Title: | Chief Executive Officer |
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| EMPLOYEE | |
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| /s/ James N. Harger | |
| James N. Harger |