Burger King 2009 Annual Report Download - page 144
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Exhibit 10.52
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of December 8, 2008 by and
between Burger King Corporation, a Florida corporation (together with any Successor thereto, the “Company”), and Charles M. Fallon
(“Executive”). WITNESSETH:
WHEREAS, Executive commenced employment with the Company on June 19, 2006;
WHEREAS, the Company desires to continue to employ and secure the exclusive services of Executive on the terms and conditions set
forth in this Agreement;
WHEREAS, Executive desires to accept such employment on such terms and conditions; and
WHEREAS, Executive currently is a party to an employment agreement with the Company dated as of July 1, 2007 that governs the
terms and conditions of his employment (the “Original Agreement”) and Executive and the Company desire to have the Original Agreement
superseded by the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and promises contained herein and for other good and
valuable consideration, the Company and Executive hereby agree as follows:
l. Agreement to Employ; Amendment and Restatement of Original Agreement.
(a) Upon the terms and subject to the conditions of this Agreement, the Company hereby agrees to continue to employ Executive, and
Executive hereby accepts such continued employment with the Company.
(b) This Agreement shall serve as a complete amendment and restatement of the Original Agreement. All terms of the Original
Agreement shall be superseded by the terms of this Agreement and, upon execution of this Agreement, the Original Agreement shall be of no
further force and effect.
2. Term; Position and Responsibilities; Location.
(a) Term of Employment. Unless Executive’s employment shall sooner terminate pursuant to Section 8, the Company shall continue to
employ Executive on the terms and subject to the conditions of this Agreement from the date first written above through June 30, 2009 (the
“Initial Term”). Effective upon the expiration of the Initial Term and each Additional Term (as defined below), Executive’s employment
hereunder shall be deemed to be automatically extended, upon the same terms and