Exhibit 10.36
AMENDMENT TO EMPLOYMENT
AGREEMENT
Between
Mirant Corporation
and
Edward R. Muller
This AMENDMENT TO EMPLOYMENT
AGREEMENT (“the Amendment”) is made as of
August 11, 2006, between Mirant Corporation (the “
Company” ), Mirant Services, LLC (“
Services” ) and Edward R. Muller (“
Executive ”). Capitalized terms used herein and not
defined shall have the same meaning as set forth in the Employment
Agreement executed by the parties on September 30, 2005 (the
“Employment Agreement”).
For good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, and
in compliance with Section 19 of the Employment Agreement, the
parties hereto agree to amend the Employment Agreement as
follows:
The portion of Section 6(a) of
the Employment Agreement that states:
Severance .
(a) Termination Without Cause,
Non-Renewal or for Good Reason . In the event of
Executive’s termination of employment with the Company
(1) by the Company without Cause (as defined herein),
(2) by reason of the failure of the Company to offer to renew
the Agreement on terms that are based on competitive practices for
companies of comparable size and standing in the same industry, or
(3) by Executive for Good Reason (as defined herein), subject
to the execution of a Release substantially in the form attached as
Exhibit D, Executive shall be entitled to the benefits set forth in
this Section 6(a).
shall hereby be amended to state as
fol
