Exhibit
10.1
TENTH AMENDMENT
TO
EMPLOYMENT
AGREEMENT
This Tenth Amendment to Employment
Agreement is made and entered into effective as of January 1,
2009, by and between WATSCO, INC., a Florida corporation
(hereinafter called the “Company”), and ALBERT H.
NAHMAD (hereinafter called the
“Employee”).
RECITALS
WHEREAS , the Company and the Employee entered into an
Employment Agreement effective as of January 31, 1996 (the
“Employment Agreement”) pursuant to which the Employee
renders certain services to the Company; and
WHEREAS, the Compensation Committee of the
Company’s Board of Directors amended the Employment Agreement
effective as of January 1, 2001, January 1,
2002, January 1, 2003, January 1,
2004, January 1, 2005, January 1,
2006, January 1, 2007, January 1, 2008 and
December 10, 2008; and
WHEREAS, the Compensation Committee of the
Company’s Board of Directors has set the targets for the
performance based compensation payable by the Company to the
Employee for the year 2009; and
WHEREAS , the Company and the Employee now desire to
amend the Employment Agreement and Exhibit A-1 to the Employment
Agreement to specify the performance based compensation amount
payable by the Company to the Employee for the calendar year
2009.
NOW , THEREFORE , in consideration of the
mutual promises and covenants set forth in this Tenth Amendment,
and other good and valuable consideration, the parties to this
Tenth Amendment agree as follows:
1. All capitalized terms in this
Tenth Amendment shall have the same meaning as in the Employment
Agreement, unless otherwise specified.
2. The Employment Agreement is
hereby amended by replacing “Exhibit A-1 — 2008
Performance Goals and Performance Based Compensation” with
the attached “Exhibit A-1 — 2009 Performance Goals and
Performance Based Compensation” thereto.
3. All other terms and conditions of
the Employment Agreement shall remain the same.
IN WITNESS WHEREOF
, the parties have caused this
Tenth Amendment to be duly executed effective as of the day and
year first above written.
|
|
|
|
COMPANY:
|
|
|
WATSCO,
INC.
|
|
|
|
By:
|
|
|
|
|
Barry S. Logan,
Senior Vice President
|
|
|
EMPLOYEE:
|
|
|
|
|
Albert H.
Nahmad
|
EXHIBIT A-1
2009 Performance Goals and
Performance Based Compensation
|
|
|
|
|
|
|
|
|
IV.
|
|
Formula
|
|
|
|
|
A.
|
|
Earnings Per
Share
|
|
Performance Based
Compensation Formula
|
|
|
|
|
|
For
|