EXHIBIT 10.13
AMENDMENT TO
EXECUTIVE EMPLOYMENT
AGREEMENT
This Amendment to the Executive
Employment Agreement (“Agreement”) dated the 18th day
of September, 2006, by and between Jeffrey W. Griffiths
(“Employee”) and Lumber Liquidations, Inc., a Delaware
corporation (the “Company”), is effective
December 31, 2008.
WHEREAS , the Company and Employee desire to amend the
Agreement to make certain changes required by section 409A of the
Internal Revenue Code of 1986, as amended (“Section
409A”).
NOW, THEREFORE
, in consideration of the mutual
promises and of the covenants set forth herein, the receipt and
sufficiency of which is hereby acknowledged, the Company and the
Employee hereby agree to amend Section 2.3(b) of the Agreement to
read as follows:
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(b)
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Employee’s employment hereunder may also
be terminated without Cause or reason by the Company upon thirty
(30) days written notice to the Employee. In the event
Employee’s employment under this Agreement is terminated
without Cause, Employee shall be entitled to
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i.
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all
compensation earned through the date of termination
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ii.
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an additional
sum equal to twice Employee’s Salary which shall be paid in a
lump sum; and
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iii.
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a prorated
share of any annual performance bonus to which Employee would have
been entitled but for his termination, pay
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