Exhibit 10.1
THIRD AMENDMENT TO
EXECUTIVE EMPLOYMENT
AGREEMENT
THIS THIRD AMENDMENT TO EXECUTIVE
EMPLOYMENT AGREEMENT (the “Amendment”) is made and
entered into effective as of January 2, 2007 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 order to attract
EXECUTIVE to leave his employment, sell his home in Minnesota and
move to California to enter into employment with the Company,
EXECUTIVE’S Employment Agreement dated September 14,
2005, as amended (the “Agreement”) provided in
Section 3.4.3 that the Company would pay EXECUTIVE certain
relocation and moving expenses, including standard realtor’s
fees incurred in selling his Minnesota home in an amount
“grossed up” to avoid tax expenses to EXECUTIVE;
and
B. WHEREAS, EXECUTIVE has moved to
and purchased a new home in California but, unexpectedly, has been
unable to sell his Minnesota home since September 2005, thus
incurring costs associated with maintaining two homes;
and
C. WHEREAS, the Company has paid
EXECUTI
