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AMENDMENT TO INDEMNIFICATION
ASSURANCE AGREEMENT
This Amendment to
Indemnification Assurance Agreement (this “ Agreement
”), is entered into between Furmanite Corporation, a Delaware
corporation (the “ Company ”), and
__________________ (the “ Indemnitee ”)
effective as of January 1, 2009.
Whereas , the Company and the
Indemnitee previously entered into an Indemnification Assurance
Agreement dated _______________ (the “ Indemnification
Agreement ”); and
Whereas , the Company and the
Indemnitee desire to amend the Indemnification Agreement to bring
the Indemnification Agreement into documentary compliance with
section 409A of the Internal Revenue Code of 1986, as amended and
the rules and regulations issued thereunder by the Internal Revenue
Service and the Department of Treasury.
Now, therefore, it
is hereby agreed that effective as of January 1, 2009, the
Indemnification Agreement is amended by adding thereto the
following new provisions:
Notwithstanding
any other provision of this Agreement, to the extent that any
payment hereunde
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