AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT
Exhibit 10.2
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT
This Amendment No. 1 to the Employment Agreement (this Amendment No. 2), is entered into as of June 30, 2015, by and between Empire Resorts, Inc., a Delaware corporation (the Company), and Laurette J. Pitts (the Executive and, together with the Company, the Parties).
WITNESSETH:
WHEREAS, Empire and Executive entered into an Employment Agreement dated as of August 17, 2012 (hereinafter and as amended, the Employment Agreement); and
WHEREAS, Empire and Executive entered into an Amendment to the Employment Agreement dated as of May 29, 2014 (Amendment No. 1); and
WHEREAS, the Parties desire to amend the Employment Agreement.
NOW, THEREFORE, the Parties hereto agree to amend the Employment Agreement as follows, effective immediately:
1. | Section 1 shall be deleted in its entirety and replaced with the following: |
Term. The term of employment under this Agreement shall be for the period beginning on the Commencement Date (as defined in the introductory paragraph of the Employment Agreement) and ending on the close of business on December 31, 2016 (the Term). If the Company is granted a gaming facility license by the New York State Gaming Commission with respect to the Montreign Resort Casino (the Gaming Facility License), the Term shall be automatically extended to December 31, 2018 (the Final End Date). If the Company is not granted a Gaming Facility License by September 30, 2016, the Company shall notify the Executive on September 30, 2016 whether the Term shall be extended to the Final End Date.
The Parties hereby agree that, except as specifically provided in and modified by this Amendment No. 2, the Employment Agreement is in all other respects hereby ratified and confirmed and references to the Employment Agreement shall be deemed to refer to the Employment Agreement as modified by this Amendment No. 2.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year first written above.
EMPIRE RESORTS, INC. | ||
By: | /s/ Joseph A. DAmato | |
Name: | Joseph A. DAmato | |
Title: | Chief Executive Officer | |
EXECUTIVE | ||
/s/ Laurette J. Pitts | ||
Laurette J. Pitts |
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