AMENDMENT TO EMPLOYMENT AGREEMENT
EXHIBIT 10.1
AMENDMENT TO EMPLOYMENT AGREEMENT
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this Amendment) is made as of this 28th day of February, 2008, by and between R. William Petty, M.D. (Executive), and Exactech, Inc., a Florida corporation (the Company).
Recitals
WHEREAS, the Company and the Executive are parties to that certain Employment Agreement, dated December 20, 2002, (the Employment Agreement); and
WHEREAS, on December 17, 2007, the Company and the Executive amended the Employment Agreement to extend its term to February 28, 2008 to allow for the renegotiation of a new employment agreement; and
WHEREAS, the Company and the Executive desire to further amend the Employment Agreement to expressly provide for the continuation of such term to allow for the finalization of the new employment agreement.
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Section 2.1 of the Employment Agreement is hereby amended by deleting Section 2.1 in its entirety and substituting therefor a new Section 2.1 to read as follows:
2.1 Employment and Term. The Company shall employ the Executive and the Executive shall serve the Company, on the terms and conditions set forth herein, for the period commencing January 1, 2003 (the Effective Date) and expiring March 31, 2008 (the Term), unless extended or sooner terminated as hereinafter set forth.
2. Except as specifically amended hereby, the Employment Agreement is and remains unmodified and in full force and effect and is hereby ratified and confirmed.
3. This Amendment shall be deemed a contract made under the laws of the State of Florida and for all purposes shall be governed by and construed in accordance with the laws of such State applicable to contracts made and to be performed entirely within such State.
4. This Amendment may be executed in counterparts and each of such counterparts shall for all purposes be deemed to be an original, and such counterparts shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, the parties have executed this Amendment to Employment Agreement as of the date first written above.
ADDRESS: | THE COMPANY: | |||||
c/o Exactech, Inc. | EXACTECH | |||||
2320 N.W. 66th Court | ||||||
Gainesville, Florida 32653 | ||||||
By: | /s/ William B. Locander | |||||
Name: | William B. Locander, Ph.D. | |||||
Title: | Compensation Committee Chairman |
ADDRESS: | THE EXECUTIVE: |
c/o Exactech, Inc. | ||||||
2320 N.W. 66th Court | /s/ R. William Petty | |||||
Gainesville, Florida 32653 | Name: | R. William Petty, M.D. |
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