Exhibit 10.33
FIRST AMENDMENT TO EMPLOYMENT
AGREEMENT
This First Amendment to Employment
Agreement (the “ Amendment ”) is made this 31st
day of December 2008 between BIOMET, INC., an Indiana corporation
(“ Biomet ”), and Jon Serbousek (“
Executive ”). All capitalized terms used herein shall
have the meanings ascribed to them in the Employment Agreement
(defined below), unless otherwise defined herein.
WHEREAS, Biomet and Executive
entered into that certain Employment Agreement dated as of
March 3, 2008 (the “ Employment Agreement
”); and
WHEREAS, Biomet and Executive desire
to amend the Employment Agreement on the terms and conditions set
forth herein;
NOW, THEREFORE, in consideration of
the mutual covenants contained herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, Biomet and Executive hereby agree as
follows:
1. Section 9(e): Termination
by the Company Other Than For Cause, Death or Disability, or by the
Executive for Good Reason, Following a Change of Control .
Section 9(e)(i) of the Employment Agreement is hereby amended
to delete the final sentence of Section 9(e)(i) in
its
