Amendment to Employment Agreement between Kenneth Levine and Diamond Triumph Auto Glass, Inc.

Summary

This amendment updates the employment agreement between Kenneth Levine and Diamond Triumph Auto Glass, Inc. It confirms that Mr. Levine's annual base salary was reduced to $52,000 from March 15, 2004, to February 27, 2005, and will be restored to $320,000 effective February 28, 2005. Mr. Levine will also serve as Chairman of the Board during the agreement's term. All other terms of the original November 17, 2003, employment agreement remain unchanged.

EX-10.28 3 y07249exv10w28.txt AMENDED EMPLOYMENT AGREEMENT Exhibit 10.28 AMENDMENT TO EMPLOYMENT AGREEMENT DATED NOVEMBER 17, 2003 BETWEEN KENNETH LEVINE (THE "EMPLOYEE") AND DIAMOND TRIUMPH AUTO GLASS, INC. (THE "COMPANY") The Employee and Company acknowledge and agree that on March 15, 2004 the Employee and the Company mutually agreed to reduce the Employee's annual base salary from $320,000.00 per annum to $52,000.00 per annum and that such base salary remained at that level from such date until February 27, 2005. The Employee and the Company further acknowledge and agree that effective February 28, 2005 the Company shall increase the Employee's annual base salary from $52,000.00 per annum to $320,000.00 per annum in accordance with the terms of the original Employment Agreement. In addition to the above, the Employee shall serve in the capacity of the Chairman of the Board during the term of the Employment Agreement. The Employee and the Company acknowledge that the other terms and conditions set forth in the Employment Agreement dated November 17, 2003 between the Employee and the Company shall remain in effect. IN WITNESS WHEREOF, the undersigned has duly executed this Amendment: DIAMOND TRIUMPH AUTO GLASS, INC. BY: /s/ Norman Harris ---------------------------- NAME: NORMAN HARRIS TITLE: CEO /s/ Kenneth Levine ---------------------------- KENNETH LEVINE