|
Exhibit
10.2
FIRST AMENDMENT TO
EMPLOYEE AGREEMENT CONCERNING
INVENTION ASSIGNMENT, NON-DISCLOSURE
AND NON-COMPETITION
FIRST AMENDMENT TO EMPLOYEE AGREEMENT CONCERNING
INVENTION ASSIGNMENT, NON- DISCLOSURE AND NON-COMPETITION, dated as
of March 17, 2008, between NPS PHARMACEUTICALS, INC., a Delaware
corporation (the "Company"), and FRANCOIS NADER (the
"Employee").
Recitals
A. The Employee has been an "employee at will"
and Chief Operating Officer of the Company and, as of the date
hereof, is entering into an Employment Agreement, dated as of the
date hereof (the "Employment Agreement"), with the Company pursuant
to which the Employee shall be the Chief Executive Officer and
President of the Company pursuant to the terms thereof.
B. The Employee and the Company are party to an
Employee Agreement Concerning Invention Assignment, Non-Disclosure
And Non-Competition, effective as of June 5, 2006 (the "Restrictive
Covenants Agreement"), which Restrictive Covenant Agreement was
executed and delivered at such time as the Company's principal
place of business was in the State of Utah and the Employee was the
Chief Operating Officer of the Company.
C. The parties hereto desire to amend the
Restrictive Covenants Agreement to reflect the change of location
of the Company's principal place of business and the promotion of
the Employee to Chief Executive Officer and President of the
Company.
NOW, THEREFORE, the Company and the Executive,
in consideration of the mutual promises contained herein, hereby
agree that the Restrictive Covenants Agreement is hereby amended as
follows:
-
- Non-Competition . Paragraph 8.0.1.3 of the Restrictive
Covenants Agreement is hereby deleted in its entirety and the
following substituted in lieu thereof:
-
"Employee hereby agrees that for a period of 24
months after Employee ceases employment with the Company for any
reason, without the prior written consent of th
|
