Exhibit 10.01
SECOND AMENDMENT
TO
EXECUTIVE SEVERANCE
AGREEMENT
This Amendment (the “ Amendment
”) is made as of August 31, 2009 (the “ Effective
Date ”), between U.S. Concrete, Inc., a Delaware
corporation (“ U.S. Concrete ”) and Terry Green
(“ Executive ”).
WHEREAS , U.S. Concrete and Executive entered into an
Executive Severance Agreement dated as of July 31, 2007, as amended
(collectively, the “ Agreement ”), and desire to
further amend the Agreement as provided herein.
NOW, THEREFORE , in consideration of the mutual agreements and
covenants contained herein and other good, valuable and sufficient
consideration, the parties hereto agree as follows:
1.
Interim Dallas/Ft. Worth General Manager .
(a.) U.S.
Concrete and Executive mutually agree that Executive will
immediately take over as the interim General Manager of U.S.
Concrete’s Dallas/Ft. Worth operations (the “
Interim Period ”). The Interim Period shall terminate
upon the earlier of: (a) U.S. Concrete providing Executive with
notice of termination of the Interim Period; and (b) July 1, 2010,
which may be extended upon the mutual consent of both
parties.
(b.) During
the Interim Period, Executive’s current Monthly Base Salary
and benefits will remain unchanged. Executive will receive an
$800.00 per month per diem to cover expenses while living in the
Dallas/Ft. Worth Metroplex on this temporary assignment.
(c.) During
the Interim Period, Executive’s (i) principal place of
employment will be Dallas, Texas, (ii) interim title will be
“Vice President and General Manager – Redi-Mix,
LLC,” (iii) primary authority, duties and responsibilities
will be those commensurate with the Dallas/Ft. Worth General
Manager, including responsibility for U.S. Concrete’s
Oklahoma operations and (iv) secondary authority, duties and
responsibilities will be to continue to support U.S.
Concrete’s Chief Executive Officer on a national basis with
respect to various equipment and capital expenditure matters,
maintenance and TMT development, Command/Alkon Systems and
oversight of the Director of Supply Chain in Houston,
Texas.
(d.) U.S.
Concrete and Executive mutually agree that the changes to
Executive’s employment terms in this Section 1 shall not
constitute “Good Cause” for termination by Executive
pursuant to Section 1.2.a. of the Agreement.
2.
Equipment Manager . Immediately upon termination of
the Interim Period, Executive shall assume a role with U.S.
Concrete as the Equipment Manager (the “ Equipment Manager
Period ”). The Equipment Manager Period shall terminate
on the twelve (12) month anniversary of the termination of the
Interim Period; provided, however, upon the mutual written
agreement of U.S. Concrete and Executive, the Equipment Manager
Period may be extended for periods up to twelve (12)
months. During the Equipment Manager Period,
Executive’s Monthly Base Salary, position and principal place
of employment will change as set forth on Schedule 1 hereto, and
his authority, duties and responsibilities will be to support U.S.
Concrete’s Chief Executive Officer on a national basis with
respect to managing equipment, capital expenditur
