Resignation Contract Amendment between Integrated Electrical Services, Inc. and Richard L. China
This agreement amends the employment terms between Integrated Electrical Services, Inc. (IES) and Richard L. China. Mr. China agrees to a public announcement of his change in position from Chief Operating Officer to Senior Vice President of Strategic Development, with no reduction in pay. IES acknowledges this change as "Good Reason" under Mr. China's employment contract, entitling him to certain rights and remedies. Both parties agree to negotiate a severance agreement, to be presented to the Board of Directors by November 4, 2004.
Exhibit 10.3
September 27, 2004
Integrated Electrical Services, Inc.
1800 West Loop South
Suite 500
Houston, TX 77027
Mr. Herbert Allen, President and Chief Executive Officer
Re: | Resignation Contract Amendment |
Dear Mr. Allen:
This is to confirm the agreement between Mr. Richard China and Integrated Electrical Services (IES) that, in exchange for the consideration represented by the following mutual agreements and undertakings, the parties agree as follows:
1. Mr. China agrees to allow IES to make a public statement as early as September 27, 2004 to the effect that Mr. China will be changing his position from Chief Operating Officer to Senior Vice President of Strategic Development (at no reduction in compensation from his current compensation package), provided that an authorized representative of IES has signed this letter agreement.
2. IES agrees that this change in position constitutes Good Reason within the meaning of Mr. Chinas Amended and Restated Employment Agreement and shall entitle him to the remedies and rights afforded him under that agreement (in particular, and without limitation, paragraph 4(f) thereof), and further agrees that his 14 day period provided thereunder shall commence as of the earlier of November 4, 2004 or the date by which a written agreement is reached and signed providing for Mr. Chinas future employment or a possible severance agreement is presented to him by the Board of Directors of IES.
3. Mr. Allen and IES agree to negotiate in good faith with Mr. China the specific terms of a severance agreement for Mr. China and to present same to the Board with a recommendation for board action at its scheduled November 4, 2004 meeting.
Agreed to and accepted this day of September, 2004.
Integrated Electrical Services, Inc. (IES) | Richard L. China |