EX-10.1 2 ex10-1.txt AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN SEABOARD CORPORATION AND EDWARD A. GONZALES AMENDMENT TO EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is entered into as of August 8, 2006 by and between Seaboard Marine Ltd., a Liberian corporation, together with any successor thereto, the "Company," and Edward A. Gonzalez ("Executive"). W I T N E S S E T H: WHEREAS, the Company and Executive entered into that certain Employment Agreement ("Employment Agreement") dated as of July 1, 2005; WHEREAS, said Employment Agreement continues in full force and effect; WHEREAS, the Company and Executive desire to amend the Employment Agreement, as set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants and promises contained herein, and for further good and valuable consideration, the Company and Executive hereby agree as follows: 1. Amendment to Paragraph 2. Paragraph 2.(a) of the Employment Agreement is amended and restated to read as follows: (a) Term of Employment. Unless Executive's employment shall sooner terminate pursuant to Section 8, the Company shall continue to employ Executive on the terms and subject to the conditions of this Agreement for a term commencing on July 1, 2005 (the "Commencement Date") and ending on the date which is five (5) years after the Commencement Date, provided, however, on each annual anniversary date of the Commencement Date (an "Annual Anniversary Date"), Executive's employment hereunder shall be deemed to be automatically extended, upon the same terms and conditions for five (5) years after such Annual Anniversary Date, unless the Company shall have given written notice to Executive, at least thirty (30) days prior to the expiration of such Annual Anniversary Date, of its intention not to extend the Employment Period (as defined below) hereunder. Notwithstanding the foregoing, unless mutually agreed to by the Company and the Executive, Executive's employment hereunder shall under no circumstances extend beyond December 31, 2030. The period during which Executive is employed by the Company pursuant to this Agreement, including any extension thereof in accordance with the preceding sentence, shall be referred to as the "Employment Period." 2. Agreement Continues in Effect. Except as set forth herein, the Employment Agreement shall continue in full force and effect pursuant to its terms. 3. Miscellaneous. This Amendment shall be governed and construed in accordance with the laws of the State of Florida, without reference to principles of conflict of laws. This Amendment may be executed in counterparts (including by facsimile), each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Company has duly executed this Agreement by its authorized representative, and Executive has hereto set his hand, in each case, effective as of the date first above written. SEABOARD MARINE LTD. By: /s/ Robert L. Steer Robert L. Steer, Vice President EXECUTIVE: By: /s/ Edward A. Gonzalez Edward A. Gonzalez 2