Amendment No. 2 to Amended and Restated Employment Agreement between Fidelity National Financial, Inc. and Anthony J. Park

Summary

This amendment updates the employment agreement between Fidelity National Financial, Inc. and Anthony J. Park. It changes the terms regarding what happens if Mr. Park’s employment ends due to death or disability. Under the new terms, he or his estate will receive any accrued obligations and a prorated annual bonus within 30 business days of termination. Additionally, all unvested equity awards will immediately vest or become payable. The amendment is effective as of May 3, 2016.

EX-10.04 5 exhibit104q22016parkagreem.htm EXHIBIT 10.04 Exhibit


Exhibit 10.4

AMENDMENT NO. 2 TO AMENDED AND RESTATED
EMPLOYMENT AGREEMENT

THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Amendment") is effective as of May 3, 2016 (the "Effective Date"), by and between FIDELITY NATIONAL FINANCIAL, INC., a Delaware corporation (the "Company"), and ANTHONY J. PARK (the “Employee”) and amends that certain Amended and Restated Employment Agreement dated as of October 10, 2008 and Amendment to Amended and Restated Employment Agreement dated as of February 4, 2010 (the “Agreement”). In consideration of the mutual covenants and agreements set forth herein, the parties agree as follows:
1.Section 8(c) of the Agreement is deleted in its entirety and the following is inserted in lieu thereof: “Termination due to Death or Disability. If the Employee’s employment is terminated due to death or Disability, the Company shall pay the Employee (or to the Employee’s estate or personal representative in the case of death), within (30) thirty business days after the Date of Termination, (i) any Accrued Obligations and (ii) a prorated Annual Bonus based on (A) the target Annual Bonus opportunity in the year in which the Date of Termination occurs or the prior year if no target Annual Bonus opportunity has yet been determined and (B) the fraction of the year the Employee was employed. Additionally, subject to Section 8(e) hereof, all stock option, restricted stock, profits interest and other equity-based incentive awards granted by the Company and Black Knight Financial Services, Inc. that were outstanding but not vested as of the Date of Termination shall become immediately vested and/or payable.”

IN WITNESS WHEREOF the parties have executed this Amendment to be effective as of the date first set forth above.
 
FIDELITY NATIONAL FINANCIAL, INC.

By: __________________________
Its: Executive Vice President and Chief Financial Officer
 
ANTHONY J. PARK
______________________________