Exhibit 10-02 Amended Employment Agreement - Avery


    Exhibit
      10.02

     

    Paul
      E.
      Avery

    OUTBACK
      STEAKHOUSE, INC.

    Amendment
      To Officer Employment Agreement

    


    THIS
      AMENDMENT TO OFFICER EMPLOYMENT AGREEMENT (“Amendment”) is entered into by and
      among OS
      RESTAURANT SERVICES, INC., a Delaware corporation (the “Employer”), OUTBACK
      STEAKHOUSE, INC., a Delaware corporation (the “Company”), and PAUL E. AVERY (the
“Employee”) executed this 7th day of July, 2005, to be effective for all
      purposes as of March 8, 2005.

    


    WHEREAS,
      Employer employed Employee and leased Employee to the Company as President
      of
      the Company pursuant to that certain Officer Employment Agreement January 1,
      2004 (the “Employment Agreement”); and 

    


    WHEREAS,
      the parties hereto desire to enter into this Amendment in order to change the
      Employment Agreement to reflect that the Company has promoted the Employee
      to
      Chief Operating Officer of the Company.

    


    NOW,
      THEREFORE, intending to be legally bound, for good consideration, receipt of
      which is acknowledged, the parties hereby agree as follows:

    


    1.  Recitals.
      The
      parties acknowledge and agree that the above recitals are true and correct
      and
      incorporated herein by reference.

     

         
      2.  Change
      of Employee’s Title. The
      parties acknowledge and agree that all references in the Employment Agreement
      to
      the Employee being employed as President of the Company are hereby amended
      to
      state that the Employee is employed as Chief Operating Officer of the Company
      effective March 8, 2005.

    


    3.  Ratification.
      All
      other terms of the Employment Agreement as amended hereby are hereby ratified
      and confirmed by each party. 

    


    IN
      WITNESS WHEREOF, the parties have executed this Amendment effective as set
      forth
      above.

     

    
      
        
          
            	 	
                     

                  	 “EMPLOYER”
	 	
                  	
                  	
                  	
                  
	 Attest:	OS
                    RESTAURANT SERVICES, INC., a Delaware corporation	 
	 	
                     

                  	 	
                     

                  	 
	 By:	 /s/
                    Joseph J. Kadow	 By:	
                     /s/
                      A. William Allen, III    

                  	 
	 	
                    Joseph
                      J. Kadow, Secretary

                  	
                  	A.
                    William Allen, III, Chief Executive Officer	
                  
	 	
                     

                  	 	 	 
	 	
                  	 “COMPANY”	
                  
	 	
                     

                  	 	 	 
	 Attest:	
                    OUTBACK
                      STEAKHOUSE, INC., a Delaware corporation

                  	
                  
	 	 	 	 	 
	By: 	 /s/
                    Joseph J. Kadow	By: 	
                     /s/
                      A. William Allen, III

                  	 
	 	Joseph
                    J. Kadow, Secretary	 	A.
                    William Allen, III, Chief Executive Officer	
                  


          

           

          
            	 WITNESSES:	 “EMPLOYEE”	 
	 	 	 	 
	 	 	 	 
	 /s/
                    Kelly
                    B. Lefferts	 	 /s/
                    Paul
                    E. Avery	 
	 	 	PAUL
                    E. AVERY