First Amendment to Second Amended and Restated Employment Agreement by and among DuPont Fabros Technology, Inc., DF Property Management LLC, and Hossein Fateh
This amendment, dated May 21, 2012, is between DuPont Fabros Technology, Inc., DF Property Management LLC, and Hossein Fateh. It modifies the existing employment agreement by changing the definition of "Good Reason"—specifically, it removes one clause from that definition. All other terms of the original agreement remain unchanged. The amendment is signed by representatives of the company, the LLC, and the executive.
Exhibit 10.1
HOSSEIN FATEH
FIRST AMENDMENT
TO
SECOND AMENDED AND RESTED EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESATED EMPLOYMENT AGREEMENT (this First Amendment) is dated as of May 21, 2012, by and between DuPont Fabros Technology, Inc., a Maryland corporation (the Company), DF Property Management LLC, a Delaware limited liability company (the LLC), and Hossein Fateh (the Executive).
A. The Company, the LLC and the Executive are parties to a Second Amended and Restated Employment Agreement (the Original Agreement), dated as of December 1, 2011.
B. The parties desire to amend the Original Agreement to make certain revisions to the definition of Good Reason.
Accordingly, the parties hereto agree as follows:
1. Section 6.5 of the Original Agreement is hereby amended to remove clause (v) from the definition of Good Reason.
2. Unless specifically modified herein, all other terms and conditions of the Original Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have signed their names as of the day and year first above written.
DUPONT FABROS TECHNOLOGY, INC. | ||||||
By: | /s/ Mark L. Wetzel | |||||
Name: | Mark L. Wetzel | |||||
Title: | Executive Vice President, Chief Financial Officer and Treasurer | |||||
DF PROPERTY MANAGEMENT LLC | ||||||
By: | DuPont Fabros Technology, L.P., its Managing Member | |||||
By: | DuPont Fabros Technology, Inc., its General Partner | |||||
By: | /s/ Mark L. Wetzel | |||||
Name: | Mark L. Wetzel | |||||
Title: | Executive Vice President, Chief Financial Officer and Treasurer | |||||
/s/ Hossein Fateh | ||||||
Hossein Fateh |