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Document Preview Confidential Separation Agreement, General Release and Independent Contractor Agreement [Amended] [No. 1] |
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Title: |
Confidential Separation Agreement, General Release and Independent Contractor Agreement [Amended] [No. 1] |
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Date: |
2005 |
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Size: |
Preview shows 3KB of 44KB total |
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Price: |
$37 |
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ID: |
#427478 |
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FIRST AMENDED CONFIDENTIAL SEPARATION AGREEMENT,
GENERAL RELEASE AND INDEPENDENT CONTRACTOR AGREEMENT
This First Amended Confidential Separation Agreement, General Release
and Independent Contractor Agreement ("Amended Agreement") is made as of this
10th day of March 2005 by and between, Eric Rome, a resident of the State of
Texas ("Employee") and Technical Olympic USA, Inc., a Delaware corporation (the
"Company"), all of its current and former parents, partnerships, joint ventures,
subsidiaries, related companies, affiliates, and each of them, as well as its
and their trustees, directors, officers, agents, employees, stockholders,
representatives, assignees, and successors, and each of them (collectively, the
"Company").
WHEREAS, Employee and the Company entered into that certain Employment
Agreement of January 1, 2003 (herein the "Employment Agreement"), and the
Employment Agreement is still in current force and effect between the parties;
WHEREAS, Employee and the Company agree to terminate the employment of
the Employee under the Employment Agreement as of March 11, 2005; and, agreed to
provide for a new and independent relationship between the Employee and Company
after March 11, 2005 on the terms and conditions as set forth in that certain
Confidential Separation Agreement and General Release ("Agreement") previously
executed between the Parties;
WHEREAS, Employee (sometimes referred to herein when appropriate as
Independent Contractor) and the Company agree to supersede the Agreement on the
terms provided herein to the extent they are inconsistent with the Agreement;
and, to terminate that certain Project Consulting Agreement with TOUSA Homes,
Inc. dated March 10, 2005; it is
THEREFORE, in consideration of the covenants undertaken by both
parties hereto, Employee and the Company agree as follows:
1. EMPLOYMENT SEPARATION. Employee, currently employed as Executive Vice
President of the Company's homebuilding entity, will separate from the
Company effective March 11, 2005 (the "Separation Date"). Employee and
the Company acknowledge that the parties have agreed to the employment
termination as of March 11, 2005 as set forth in this Amended
Agreement, and an electronic announcement of Employee's separation from
the Company will be distributed by the Company to pertinent employees
by March 14, 2005, provided that such announcement is approved by
Employee prior to distribution by the Company. This Amended Agreement
supersedes the terms of the Agreement to the extent that the revisions
of the Amended Agreement are inconsistent with the Agreement. The
Parties agree to terminate and treat as a nullity that certain Project
Consulting Agreement with TOUSA Homes, Inc. executed previously as of
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