AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENTEmployment Agreement |
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Search Employment Agreement by:
Exhibit 99.1
AMENDMENT NO. 2
TO
EMPLOYMENT AGREEMENT
THIS
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT, dated as of December 6, 2006
(this “AMENDMENT”), amends that certain EMPLOYMENT AGREEMENT dated
as of February 14, 2003 by and between MOTORCAR PARTS OF AMERICA, INC., a
New York corporation formerly known as MOTORCAR PARTS & ACCESSORIES, INC.
(the “COMPANY”), and Selwyn Joffe, an individual
(“EXECUTIVE”) (as amended by that certain Amendment No. 1 to
Employment Agreement dated as of April 22, 2005, the “EMPLOYMENT
AGREEMENT”), and is made and entered into with reference to the following
facts (all capitalized terms not otherwise defined herein have the respective
meanings assigned to them in the EMPLOYMENT AGREEMENT):
WHEREAS,
the COMPANY and EXECUTIVE desire to amend the EMPLOYMENT AGREEMENT to extend
the term of EXECUTIVE’S employment.
NOW,
THEREFORE, the parties hereby agree as follows:
1. Amendments
to Employment Agreement.
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(a) |
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Section 2
is hereby amended by replacing “March 31, 2008” with
“August 30, 2009.” |
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(b) |
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Section 7(c)
is hereby amended and restated in its entirety to read as follows: |
“During the EMPLOYMENT
TERM the COMPANY shall provide to EXECUTIVE an automobile allowance in the
amount of Fifteen Hundred Dollars ($1500.00) per month, payable monthly. In
addition, all costs of operating the automobile, including fuel, oil,
insurance, repairs, maintenance and other expenses, shall be the responsibility
of the COMPANY.
2. Notices.
All notices, demands and other communications provided for under this AMENDMENT
shall be in writing and shall be delivered in accordance with Section 14
of the EMPLOYMENT AGREEMENT.
3. Legal
Expenses. The COMPANY shall reimburse EXECUTIVE for all reasonable legal
fees and disbursements incurred by EXECUTIVE in connection with the
negotiation, preparation and execution of this AMENDMENT.
4. Jurisdiction
and Integration. This AMENDMENT shall be governed by and construed in
accordance with the laws of the State of California, without regard to the
principles of conflicts of law of such state. This AMENDMENT, together with the
EMPLOYMENT AGREEMENT, contains the entire understanding between the parties
hereto relating to the subject matter hereof and supersedes any prior
understandings and agreements, whether oral or written, among the parties
respecting such subject matter.
5. Binding
Agreement; Counterparts. This AMENDMENT shall be binding upon the parties
hereto, their successors, assigns and legal representatives. This AMENDMENT may
be executed in several counterparts, all of which together shall constitute one
and the same agreement, binding on all of the parties, notwithstanding that all
of the parties are not signatories to the original or same counterparts.
6. Full
Force and Effect. Except as expressly amended by this AMENDMENT, the
EMPLOYMENT AGREEMENT shall continue in full force and effect in accordance with
the provisions thereof. As used in the EMPLOYMENT AGREEMENT,
“hereinafter” and “hereof,” and other words of similar
import shall, unless the context otherwise requires, mean the EMPLOYMENT
AGREEMENT as amended by this AMENDMENT. In the event of any conflict or
inconsistency between the terms and
1
conditions of the EMPLOYMENT
AGREEMENT and the terms and conditions of this AMENDMENT, the terms and
conditions of this AMENDMENT shall control.
IN
WITNESS WHEREOF, the undersigned parties have duly executed and delivered this
AMENDMENT as of the date first above written.






