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
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