Amendment to Employment Agreement between Daseke, Inc. and Don R. Daseke (Effective August 30, 2018)
This amendment updates the employment agreement between Daseke, Inc. and Don R. Daseke. It changes the term of employment to end on June 30, 2023, with automatic one-year renewals unless either party gives at least 60 days' notice before the term ends. All other terms of the original agreement remain unchanged. The amendment is effective as of August 30, 2018.
Exhibit 10.1
AMENDMENT TO THE EMPLOYMENT AGREEMENT
THIS AMENDMENT TO THE EMPLOYMENT AGREEMENT (the “Amendment”), effective August 30, 2018, by and between Daseke, Inc. a Delaware corporation (the “Company”) and Don R. Daseke (“Employee”) amends the Employment Agreement (“Agreement”) dated February 27, 2017.
RECITALS
WHEREAS, Company and Employee desire to amend the Agreement in certain respects and have entered into this Amendment for that purpose; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Company and Employee agree as follows:
AMENDMENT
1. Incorporation of Recitals. The recitals set forth above are incorporated by reference herein, as though fully set forth at length.
2. Incorporation of Guaranty. The terms of the Agreement are incorporated by reference herein, as though fully set forth at length. This Amendment shall be a part of the Agreement and incorporated by reference therein.
3. Amendment to Section 4 of the Agreement. Section 4 of the Agreement shall be deleted in its entirety and replaced with the following:
The initial term of Employee’s employment ends on June 30, 2023 (the “Initial Term”). On June 30, 2023, and on each subsequent anniversary thereafter, the term of Employee’s employment under this Agreement shall automatically renew and extend for a period of twelve (12) months (each such 12-month period being a “Renewal Term”) unless written notice of non-renewal is delivered by either party to the other not less than sixty (60) days prior to the expiration of the then-existing Initial Term or Renewal Term, as applicable. Notwithstanding any other provision of this Agreement, Employee’s employment pursuant to this Agreement may be terminated at any time in accordance with Section 5. The period from the Effective Date through the expiration of this Agreement or, if sooner, the termination of Employee’s employment pursuant to this Agreement, regardless of the time or reason for such termination, shall be referred to herein as the “Employment Period.”
4. No Other Modifications. Except as expressly amended pursuant to the terms of this Amendment, the Agreement has not been amended in any other respect.
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IN WITNESS WHEREOF, Company and Employee have executed this Amendment effective as of the date first above written.
| EMPLOYEE | |
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| By: | /s/ Don R. Daseke |
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| Don R. Daseke |
| DASEKE, INC. | ||
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| By: | /s/ R. Scott Wheeler | |
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| Name: | R. Scott Wheeler |
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| Title: | President |