Exhibit 10.30
AMENDMENT
TO THE
EMPLOYMENT
AGREEMENT
This Amendment to the Employment
Agreement is made as of December 5, 2008 by and between FGX
International Inc., a Delaware corporation (the
“Company”) and Anthony Di Paola, a resident of the
State of Rhode Island (“Executive”).
WHEREAS , the Company and Executive are parties to a
certain Employment Agreement dated as of July 23, 2007 (the
“Agreement”);
WHEREAS , pursuant to and in accordance with
Section 13 of the Agreement, the Company and Executive desire
to amend the Agreement to, among other things, comply with the
provisions of Section 409A of the Internal Revenue Code of
1986 (“Section 409A”).
NOW THEREFORE
, in consideration of the foregoing
promises and agreements contained herein, and for good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the Company and Executive agree as
follows:
1.
Section 6(b) shall be
amended in its entirety to read as follows:
“(b)
Executive’s Right to
Terminate .
Executive may terminate Executive’s employment for Good
Reason at any time during the term of this Agreement. For
purposes of this Agreement, “Good Reason” shall mean
any of the following (without Executive’s express written
consent):
(i)
the material reduction or material
adverse change in Executive’s authority, duties,
