Exhibit 10.28
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of January 1, 2020 (the “Effective Date”) by and between Eyal Nuchamovitz (the “Executive”) and GPM INVESTMENTS, LLC, a Delaware limited liability company (the “Company”).
WHEREAS, the Executive has been employed by the Company as Executive Vice President pursuant to the terms and provisions of that certain Executive Employment Agreement between the Company and the Executive, dated as of March 6, 2017.
WHEREAS, the Company and the Executive desire to amend and restate the Executive’s terms of employment by the Company on the terms and conditions set forth herein; and
WHEREAS, the Executive desires to continue his employment by the Company on such terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and obligations set forth herein, the parties agree as follows:
\\FASNT8\Public\SeniorStaff\Legal\HR
Page 2 of NUMPAGES \* MERGEFORMAT 15
Page 3 of NUMPAGES \* MERGEFORMAT 15
Page 4 of NUMPAGES \* MERGEFORMAT 15
Page 5 of NUMPAGES \* MERGEFORMAT 15
Page 6 of NUMPAGES \* MERGEFORMAT 15
Page 7 of NUMPAGES \* MERGEFORMAT 15
Page 8 of NUMPAGES \* MERGEFORMAT 15
Page 9 of NUMPAGES \* MERGEFORMAT 15
Page 10 of NUMPAGES \* MERGEFORMAT 15
Page 11 of NUMPAGES \* MERGEFORMAT 15
The parties further agree that any such court is expressly authorized to modify any such unenforceable provision of this Agreement in lieu of severing such unenforceable provision from this Agreement in its entirety, whether by rewriting the offending provision, deleting any or all of the offending provision, adding additional language to this Agreement, or by making such other modifications as it deems warranted to carry out the intent and agreement of the parties as embodied herein to the maximum extent permitted by law.
The parties expressly agree that this Agreement as so modified by the court shall be binding upon and enforceable against each of them. In any event, should one or more of the provisions of this Agreement be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and if such
Page 12 of NUMPAGES \* MERGEFORMAT 15
provision or provisions are not modified as provided above, this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had not been set forth herein.
Page 13 of NUMPAGES \* MERGEFORMAT 15
If to the Company:
GPM Investments, LLC
8565 Magellan Parkway, Suite 400
Richmond, VA 23227
Attn: General Counsel
If to the Executive:
Eyal Nuchamovitz
3284 NE 211 terrace
Page 14 of NUMPAGES \* MERGEFORMAT 15
[signature page follows]
Page 15 of NUMPAGES \* MERGEFORMAT 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
| GPM INVESTMENTS, LLC | |
|
By: /s/ Arie Kotler Name: Arie Kotler Title: CEO
By: /s/ Maury Bricks Name: Maury Bricks Title: General Counsel | |
|
/s/ Eyal Nuchamovitz EYAL NUCHAMOVITZ |
Page 16 of NUMPAGES \* MERGEFORMAT 15