ex10-2.htm


    Exhibit
10.2

     

     

     

     

     

     

     

     

     

     

    
      
        

      

    

     

    ADDENDUM

     

    TO

     

    EMPLOYMENT
AGREEMENT

     

     

      
        

      

    

     

    between

     

    Tankers
Services AS

     

    and

     

    Tom
R. Kjeldsberg

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Wiersholm,
Melibye & Bech, advokatfirma AS - M.N.A

    Ruseløkkveien 26. P O
Box 1400 Vika, N-0115 Oslo, Norway. T: +47 210 210 00. F: +47 210 210 01.
www.wiersholm.no

    Bank
Account No: 6011.05.43908. Reg. No. 981 371 593 MVA

     

     

     

     

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    
 

    This
addendum agreement (the “Addendum”) has been made on
this 29th  of May, 2008, by and between:

     

    Tankers Services AS, a company
incorporated under the laws of Norway having its registered office at Haakon
VII’s gt 1, Oslo, Norway (“Employer”), and

     

    Tom R. Kjeldsberg, an
individual having his address in Suhmsgate 28, 0362 Oslo, Norway (“Executive”).

     

    hereinafter
referred to as “Party” in the singular and the “Parties” in the
plural:

     

    
      
        	
                1.

              	
                BACKGROUND

              


      

       

      On the
19th of March, 2007, the Parties entered into an employment agreement (the
“Agreement”).

       

      Now, the
Parties have agreed to make this Addendum to the Agreement.

       

      
        	
                2.

              	
                DEFINITIONS

              


      

       

      Unless
otherwise provided for herein, all definitions in this Addendum shall have the
same meaning as set out in the Agreement.

       

      
        	
                3.

              	
                TERMINATION
      UPON DEATH OR DISABILITY

              


      

       

      This
clause 3 shall replace clause 3.6 of the Agreement.

       

      
        	
                 
      

              	
                a.

              	
                Executive’s
      employment with Employer shall terminate immediately upon Executive’s
      death or Disability (as defined below). In the event Executive’s
      employment terminates due to death or Disability, then Employer shall
      continue to pay Executive’s Salary through the first anniversary of the
      effective date of such termination of
  employment.

              


      

       

      
        	
                 
      

              	
                b.

              	
                For
      purposes of this Agreement, the term “Disability” shall mean the inability
      of Executive, due to illness, accident or any other physical or mental
      incapacity, to perform Executive’s duties in a normal manner for a period
      of 365 days or such longer period required for the Employer to be entitled
      to lawfully terminate the Executive’s employment under Section 15-8 of the
      Employment Act.

              


      

       

      
        	
                4.

              	
                USE
      OF DATA SYSTEMS, E-MAIL AND
INTERNET

              


      

       

      
        	
                4.1.

              	
                The
      Employer’s and/or the Parent Company’s internal and external information
      system (e.g. electronic mail system, data bases and other computer based
      systems for internet and intranet) are the exclusive property of the
      Employer and the Parent Company. The Executive shall, as a general rule,
      use the Employer’s and Parent Company’s information systems exclusively in
      connection with his work.

              


      

       

      
        	
                4.2.

              	
                The
      Employer and the Parent Company may without prior warning access and take
      printouts of all business-related data which the Employer and/or the
      Parent Company has a justified interest in having access to or taking
      printouts of. The term data includes incoming and outgoing electronic
      mail, documents, data bases and other electronically stored material, Data
      may typically be accessed if the Executive is absent from work due to
      illness, holiday etc, but also in other circumstances if the Employer
      and/or the Parent Company in its sole discretion considers that it has
      justifiable grounds.

              


      

       

      
        	
                4.3.

              	
                If
      the Executive uses the Employer’s and/or the Parent Company’s information
      systems for private purposes, he shall ensure that data is marked so that
      it is visible for the Employer and/or the Parent Company that it is of a
      private nature. The Employer and/or the Parent Company reserves the right
      to access and take printouts of data that appears to be or is marked
      private if the Employer and/or the Parent Company has reasonable grounds
      to believe that there is a breach of this employment contract that can
      give grounds for dismissal or summary dismissal or there are other weighty
      reasons for access.

              


      

       

       

       

       

      
        
          
          

        

        
          2

          
            

          

        

        
          
          

        

      

       

       

       

      
        	
                4.4.

              	
                Where
      practicable and there are no justifiable reasons to the contrary, the
      Employer and/or the Parent Company shall endeavour to notify the Executive
      before data is accessed in order that the Executive or his
      representative may attend

              


      

       

      
        	
                4.5.

              	
                The
      Executive acknowledges that the Employer and/or the Parent Company keeps
      an automatic log of the Executive’s Internet activity through the
      Employer’s and/or Parent Company’s information systems for the purpose of
      administrating the information systems and detecting and resolving
      security violations.

              


      

       

      
        	
                4.6.

              	
                The
      Executive also acknowledges that use of the Employer’s and/or the Parent
      Company’s information systems will be reviewed at regular intervals to
      ascertain whether it is suited to the Employer’s and/or the Parent
      Company’s needs and whether the safety strategy is sufficiently secure.
      The Executive also acknowledges that all attempts at unauthorised use of
      the Employer’s and/or the Parent Company’s information systems are
      registered.

              


      

       

      
        	
                4.7.

              	
                The
      Executive hereby acknowledges and consents that the Employer and/or the
      Parent Company can handle personal information, including accessing and
      taking printouts of documents described above, and can access the
      Executive’s use of the Employer’s [and/or the Parent Company’s information
      system for Internet etc.

              


      

       

      
        	
                4.8.

              	
                The
      Executive shall familiarise himself with and at all times keep himself
      up-to-date on the Employer’s and/or the Parent Company’s guidelines for
      use of the Employer’s and/or the Parent Company’s internal and external
      information systems and the consequences of breach of these
      guidelines.

              


      

       

      
        	
                5.

              	
                THE
      AGREEMENT

              


      

       

      The
Agreement shall otherwise continue in full force and effect.

       

                                              * * *

       

      This
Addendum is signed in two original counterparts, of which the parties keep one
counterpart each.

       

       

       

      
        	
                For
      and on behalf Tankers Services AS

              	
                Tom
      R. Kjeldsberg

                 

                 

              
	/s/
      Ole Jacob Diesen         	/s/
      Tom R. Kjeldsberg    
	Ole
      Jacob Diesen	Tom
      R. Kjeldsberg

    

      
 

       

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