Burger King 2009 Annual Report Download - page 163
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Exhibit 10.53
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 Russell B. Klein
(“Executive”). WITNESSETH:
WHEREAS, Executive commenced employment with the Company on June 9, 2003;
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 April 20, 2006, as amended by
that certain Amendment to Employment Agreement dated as of July 1, 2006 (as amended, the “Original Agreement”), that governs the terms
and conditions of his employment, and Executive and the Company desire to have the Original Agreement superseded by the terms of this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. 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.
2. Amendment and Restatement of Original Agreement. 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 All terms of the Original Agreement shall be superseded by the terms of this Agreement and, upon execution of this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.
3. Term; Position and Responsibilities; Location.
(a) Term of Employment. Unless Executive’s employment shall sooner terminate pursuant to Section 9, 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
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