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Exhibit 10.1
AMENDMENT
TO
AMENDED AND RESTATED EMPLOYMENT
AGREEMENT
This Amendment
is made and entered into this 12th day of June, 2009 by and between
A. WILLIAM ALLEN, III (the "Executive") and OSI RESTAURANT
PARTNERS, LLC (the "Company").
RECITALS
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1.
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The Executive
and the Company entered into that certain Amended and Restated
Employment Agreement dated June 14, 2007 (the
"Agreement").
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The Executive
and the Company entered into an amendment to the Agreement
effective as of January 1, 2009.
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The Executive
and the Company desire to further amend the Agreement
as provided herein.
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NOW THEREFORE,
in consideration of the foregoing recitals, and of the premises,
covenants, terms and conditions contained herein, the parties
hereto agree as follows:
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Section 8 of
the Agreement is amended by deleting clause (c) thereof in its
entirety and substituting in its place the following:
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"(c) The
existence of Cause. For purposes of this Agreement, " Cause
" means any of the following: the Executive's (i) conviction or a
plea of guilty or nolo contendere with respect to commission
of a felony under federal law or under the law of the state in
which such action occurred, or (ii) the willful engaging in illegal
misconduct or gross misconduct that is materially and demonstrably
injurious to the Company."
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Section 34 of
the Agreement is amended by adding the following at the end of such
Section:
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"If, as of the
date of th
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