SECOND AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement |
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Exhibit 10.44
SECOND AMENDMENT TO
EXECUTIVE EMPLOYMENT AGREEMENT
THIS SECOND AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (the “Amendment”) is made and entered into effective as of March 3, 2006 by and between Digirad Corporation, a Delaware Corporation (the “Company”) and Mark Casner (“EXECUTIVE”). The Company and EXECUTIVE are hereinafter collectively referred to as the “Parties,” and individually referred to each or any as a “Party.”
RECITALS
A. WHEREAS, in light of recent changes in tax laws, the parties wish to amend the Executive Employment Agreement they have entered into on or about September 9, 2005 (the “Agreement”) as set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and the mutual covenants herein contained, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, agree as follows:
1. Section 4.2 of the Agreement shall be replaced in its entirety by the following:
“4.2 Termination Without Cause. The Company may voluntarily terminate this Agreement, and EXECUTIVE’s employment, without Cause by giving not less than thirty (30) days written notice to EXECUTIVE. Any such notice shall specify the exact date of termination (the “Termination Date”). If EXECUTIVE’s employment under this Agreement is terminated by the Company without Cause (as defined herein), EXECUTIVE shall be entitled to receive his Base Salary at the rate currently being paid as of the Termination Date in an amount equal to an additional nine (9) months of service as an employee after the Termination Date (such Base Salary payments shall be paid over time in accordance with the Company’s general payroll practices, as and when such Base Salary would have been paid had EXECUTIVE’s employment not been terminated, provided, however, that to the extent any portion of this nine (9) months worth of Base Salary has not been paid by March 14th of the year following the year of EXECUTIVE’s Termination Date, any and all unpaid portions of the Base






