Supplement to Employment Agreement between Gardenburger, Inc. and Scott C. Wallace
This agreement is a supplement to the original employment contract between Gardenburger, Inc. and Scott C. Wallace. It allows Mr. Wallace to choose to waive part or all of his Sale Bonus if doing so would provide him with a tax benefit. Any decision to reduce the bonus will not affect his other rights under the original agreement. All other terms of the original employment agreement remain unchanged.
EXHIBIT 10.9
SUPPLEMENT TO EMPLOYMENT AGREEMENT
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| Company: |
| Gardenburger, Inc., an Oregon corporation |
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| Employee: |
| Scott C. Wallace |
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| Original Agreement: |
| The Employment Agreement dated effective January 15, 2001, between Company and Employee |
Company and Employee mutually agree to supplement the Original Agreement as follows:
1. Sale Bonus. Employee will have the right, in his sole discretion, to waive receipt of any portion of the Sale Bonus otherwise due to Employee pursuant to Section 4.7 of the Original Agreement if and to the extent that Employee determines that reduction in the amount of the Sale Bonus would give Employee an income tax benefit. Any reduction by Employee of the amount of Sale Bonus received as provided in this paragraph will not affect Employee’s other rights to the Sale Bonus or any other provision of the Original Agreement.
2. Effect on Original Agreement. Except as expressly provided in this Supplement, all the terms and conditions of the Original Agreement will remain in full force and effect.
Company has caused this Agreement to be executed on its behalf by its duly authorized officer and Employee has set his hand, in each case as of the date last signed.
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| GARDENBURGER, INC. | |||
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| /s/ Scott C. Wallace |
| By: |
| /s/ Lorraine Crawford | |
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| Scott C. Wallace |
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| Lorraine Crawford |
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| Title: |
| Vice President, Finance |
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| Date: | April 30, 2003 |
| Date: |
| April 30, 2003 |
