Exhibit 10.30


 


EXECUTIVE
EMPLOYMENT AGREEMENT


 


THIS EXECUTIVE EMPLOYMENT AGREEMENT
(“Agreement”) is made
and entered into as of the 1st day of September 2002, by and between ICO SATELLITE SERVICES GP (“ICO”) and Suzanne Hutchings (“Executive”).


 


RECITALS


 


A.                                       ICO desires to hire Executive as Senior
Regulatory Counsel on the terms described in this Agreement;


 


B.                                         Executive desires to accept this position on
the terms described in this Agreement.


 


AGREEMENT


 


In consideration of the above Recitals and the provisions
of this Agreement, ICO and Executive agree as follows:


 


I. DUTIES


 


1.1                                     Title and Responsibilities.
Executive shall serve as
Senior Regulatory Counsel of ICO, with the responsibilities and duties typical
of that position and as such other responsibilities and duties as may be
assigned from time to time by ICO. Executive shall report to the Senior Vice
President- Business Development or other such person as ICO may from time
to time direct. Executive shall devote reasonable best efforts and full business
time to the business and interests of ICO. Executive shall perform duties
and responsibilities at such location from time to time as is mutually agreed
by Executive and the Senior Vice President- Business Development.


 


1.2                                     Company Policies. Executive agrees to perform job
consistent with all Company policies and ethical business practices.


 


II. TERM


 


2.                                           Term. Executive’s employment will commence on September 1,
2002 and continue until terminated as permitted by the terms of this Agreement.


 


III.
COMPENSATION


 


3.1                                     Base Salary. Executive shall be paid a base salary (“Base
Salary”) of One Hundred Thirty Seven Thousand One Hundred and Sixty Dollars
($137,160.00) per year, payable in monthly installments according to ICO’s
usual payroll practices and subject to all requisite payroll deductions.


 


3.2                                     Bonus. Upon recommendation of the President of
Holdings and approval by Holding’s Compensation Committee, ICO, in its sole
discretion, may award an annual bonus to Executive. The target for this
annual discretionary bonus is twenty percent (20%) of Executive’s Base Salary
for the applicable calendar year, but it may be higher or lower depending
upon the


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performance of Holdings, its subsidiaries and Executive. If a bonus is
awarded, it will be paid by March 31 of the year following the calendar
year for which the bonus is earned. If Executive’s employment is terminated for
any reason other than for Cause (as described in Section 4.2), the
discretionary bonus shall be adjusted to reflect the aggregate Base Salary paid
to Executive for the portion of the year that Executive was employed under this
Agreement and such discretionary bonus, if any, shall be paid within thirty
(30) days following the date of termination. If Executive is terminated for
Cause (as described in Section 4.2), he will be ineligible for a bonus.


 


3.3                                     Other Benefits.


 


(i)                                    Executive shall be entitled to three weeks
(i.e., 15 business days) of paid vacation during each one-year period he is
employed under this Agreement. Any unused accrued paid vacation days not taken
during the year will expire as set forth in the Company’s Staff Handbook.
Executive shall schedule vacations with due consideration for ICO’s
business needs. Upon termination of Executive’s employment, ICO will pay
Executive for any unused paid vacation, reduced pro rata for any partial year
of service.


 


(ii)                                 Executive shall be entitled to the other
employee benefits generally available to the full-time salaried employees of
ICO to the extent and on the same terms generally available to ICO’s full-time
salaried employees.


 


(iii)                              ICO shall pay or reimburse Executive for all
travel and entertainment expenses incurred by Executive in connection with
duties on behalf of ICO, subject to proper documentation and the reasonable
approval of ICO.


 


IV.
TERMINATION OF EMPLOYMENT


 


4.1                                     By Executive or ICO. Either Executive or ICO may terminate
Executive’s employment for any or no reason upon thirty (30) days’ written
notice. In lieu of notice or upon receipt of Executive’s notice of resignation,
ICO may elect to terminate Executive’s employment immediately and, in such
case, shall pay Executive one month’s Base Salary in addition to any Base
Salary earned by Executive prior to termination and any accrued but unused paid
vacation time, and Executive shall continue to be entitled to the benefits set
forth in Section 3.3 during such thirty (30) day period. Upon such
termination, Executive shall not be entitled to any other compensation except
as set forth in this Section 4.1 and Section 3.2.


 


4.2                                     By ICO “for Cause”. ICO may terminate Executive’s employment
immediately and without advance notice for Cause. As used herein, “Cause”
means: (a) a material breach of the provisions of this Agreement by the
Executive; (b) personal or professional conduct of Executive, which, in
the reasonable and good faith judgment of ICO, injures or tends to injure the
reputation of ICO or otherwise adversely affects the business interests of ICO.
Such conduct may include, but is not limited to, dishonesty, chronic or
excessive absenteeism, substance abuse, or arrest or indictment for or
conviction of a felony or misdemeanor; (c) material breach by Executive of
any statutory, common law or other duty or obligation to ICO, including Executive’s
duty of loyalty or confidentiality to ICO; or (d) conduct which
constitutes willful, wanton or grossly negligent malperformance of Executive’s
duties. If Executive’s employment


 


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is terminated for Cause, ICO shall have no obligation to pay Executive
any further compensation, including unpaid bonuses or benefits of any kind,
except Base Salary earned by Executive, accrued but unused paid vacation time
and expenses for which Executive is entitled to reimbursement consistent with
ICO policies, prior to termination.


 


V.
RESTRICTIVE COVENANT


 


5.1                                     Confidential Information. During employment by ICO and thereafter,
Executive will not use or disclose any Confidential Information, except to the
extent use or disclosure of the Confidential Information is necessary to the
performance of duties for ICO or except as required to be disclosed by law or
court order following consultation with ICO. The obligations set forth in this Section 5.1
shall expire on the third anniversary of the termination of Executive’s employment
with ICO or any of its affiliates. As used in this Agreement, “Confidential Information”
shall mean any information relating to the business or affairs of Holdings, ICO
and other direct and indirect subsidiaries of Holdings, including but not
limited to information relating to ICO’s marketing and business plans,
strategy, finances, customer identities, potential customers, employees,
research, programs, trade secrets, proprietary information or other information
that ICO makes reasonable efforts to maintain as confidential. “Confidential Information”
shall not include any information that is in the public domain through no fault
of Executive or which Executive learns from a third party who is not subject to
an obligation of confidentiality.


 


5.2                                     Remedies. In the event of Executive’s actual or
threatened breach of confidentiality obligation, ICO shall be entitled to
immediate temporary injunctive and other equitable relief, without bond and
without the necessity of showing actual monetary damages, subject to hearing as
soon thereafter as possible. Nothing contained herein shall be construed as prohibiting
ICO from pursuing any other remedies available to it for such breach or
threatened breach, including the recovery of any damages that it is able to
prove.


 


5.3                                     Attorneys’ Fees and Costs. The prevailing party in any proceeding to
enforce Executive’s confidentiality obligation, or any appeal therefrom, shall
be entitled to recover its reasonable attorneys’ fees and costs, including all
costs associated with depositions and expert witnesses, from the nonprevailing
party.


 


VI. GENERAL
PROVISIONS


 


6.1                                     Dispute Resolution. Any action to enforce, interpret, construe or
otherwise arising out of or in connection with this Agreement or Executive’s
employment relationship with ICO must be brought in the state or federal courts
located in Seattle, Washington, except for claims the law requires to be filed
with an administrative agency. Executive and ICO agree to subject themselves to
the jurisdiction of such courts.


 


6.2                                     Entire Agreement. Except where this Agreement specifically
references and incorporates other agreements documents or policies, this
Agreement contains the entire agreement and understanding of the parties with
respect to Executive’s employment by ICO and the compensation payable to
Executive by ICO and supersedes all prior understandings,


 


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agreements and discussions. This Agreement may only be amended or
modified by a written instrument executed by Executive and ICO.


 


6.3                                  Notices. Any notice required or permitted under this
Agreement shall be in writing and shall be delivered personally, or sent by
certified or registered mail, postage prepaid, return receipt requested. Any
such notice shall be considered given when delivered personally, or if mailed,
three (3) days after the date of deposit in the United States mail
addressed to the party at the last known address of the party, The initial
address for notices shall be set forth below.


 


6.4                                  Non-Waiver. Failure to enforce at any time any of the
provisions of this Agreement shall not be interpreted to be a waiver of such
provisions or to affect either the validity of this Agreement or the right of
either party thereafter to enforce each and every provision of this Agreement.


 


6.5                                  Separability. If one or more provisions of this Agreement
is finally determined to be invalid or unenforceable, such provision will not
affect or impair the other provisions of this Agreement, all of which will
continue to be in effect and will be enforceable, provided, however, that any
such invalid provisions shall, to the extent possible, be reformed so as to
implement insofar as practicable the intentions of the parties.


 


6.6                                  Law. This Agreement shall be interpreted in
accordance with the laws of the State of Washington.


 


	
  ICO SATELLITE SERVICES GP

  	
  EXECUTIVE

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
  ICO Satellite Services
  Limited

  	
   

  	
   

  
	
   

  	
  Its: General Partner

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/ Dennis Schmitt

  	
   

  	
  /s/ Suzanne Hutchings

  	
   

  	
   

  
	
  Its:
  Director

  	
  Suzanne
  Hutchings

  	
   

  
	
  Date:

  	
  9/1/2002

  	
   

  	
  Date:

  	
  September 4, 2002

  	
   

  	
   

  
	
  Address:

  	
  2300
  Carillon Point

  	
   

  	
  Address:

  	
   

  
	
   

  	
  Kirkland,
  WA 98033

  	
   

  	
   

  	
   

  
											



 


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