Exhibit 10.1
AMENDMENT TO EMPLOYMENT
AGREEMENT
Coinstar, Inc.
(“Employer”) and John Harvey (“Employee”)
hereby agree to amend the Employment Agreement dated as of
June 1, 2009 (“Employment Agreement”) as set forth
below.
A. Revisions to the Employment
Agreement
1. Section 2.5 :
Effective November 9, 2009, Section 2.5 of the Employment
Agreement is amended in its entirety as follows:
“ 2.5 Notice . The term
“ Notice of Termination ” shall mean at least 14
days’ written notice of termination of Employee’s
employment, during which period Employee’s employment and
performance of services will continue; provided ,
however , that Employer may, upon notice to Employee and
without reducing Employee’s compensation during such period,
excuse Employee from any or all of his duties during such period.
The effective date of the termination of Employee’s
employment hereunder shall be the date on which such 14 day period
expires.”
2. Section 3.1 :
Effective November 9, 2009, Section 3.1 of the Employment
Agreement is amended in its entirety as follows:
“ 3.1 Termination by
Employer . If Employer terminates Employee’s employment
without Cause during the Term, Employee shall be entitled to
receive (a) termination payments equal to six
(6) months’ annual base salary, (b) any unpaid
annual base salary which has accrued for services already performed
as of the date termination of Employee’s employment becomes
effective, and (c) a pro-rated cash bonus consistent with
Section 1.4(b). All amounts payable pursuant to this
Section 3.1 (or pursuant to Section 3.2) shall be reduced
for applicable deductions and tax withholding. If, as a result of
the termination of Employee’s employment without Cause,
Employee and Employee’s spouse and dependent children are
eligible for and timely (and properly) elect to continue coverage
under Employer’s group health plan(s) in accordance with Code
Section 4980B(f) (“COBRA”), Employer shall pay the
premium for such coverage for a period of twelve (12) months
following the date of Employee’s termination or until
Employee is no longer entitled to COBRA continuation coverage under
Employer’s group health plan(s) or until Employee obtains
other coverage through subsequent employment, whichever period is
the shorter. All other Employer benefits cease on the date of
termination without Cause. If Employee is terminated by Employer
for Cause during the Term, Employee sh
