Exhibit
10.8
AMENDMENT TO EMPLOYMENT
AGREEMENT
This Amendment to Employment Agreement
(as defined below) (the “Amendment”), dated as of March
12, 2009, is by and between Glowpoint, Inc., a Delaware corporation
(“Glowpoint”), and Joseph Laezza (the
“Employee”). Capitalized terms used but not
otherwise defined in this Amendment will have the meanings set
forth in the Employment Agreement.
WHEREAS , Employee and Glowpoint entered into an Employment
Agreement on March 11, 2004, as amended May 15, 2007 and November
24, 2008 (as amended, the “Employment
Agreement”)
WHEREAS , Section 409A of the Internal Revenue Code of 1986,
as amended (the “Code”) requires employment agreement
provisions that are nonqualified plans of deferred compensation
under Code Section 409A to satisfy certain provisions of Code
Section 409A and the regulations thereunder (the “Section
409A Provisions”);
WHEREAS , Glowpoint and the Employee wish to satisfy the
Section 409A Provisions prior to a vesting event and avoid the tax
consequences of a failure to satisfy the Section 409A Provisions
upon or after a vesting event; and
NOW,
THEREFORE , in consideration
of the mutual covenants set forth in the Employment Agreement and
this Amendment, the parties further amend the Employment Agreement
as follows:
1.
Section 2.3 of Employment
Agreement . The
following sentence is added to the end of Section 2.3 of the
Employment Agreement effective as of January 1, 2009:
