Exhibit 10.2
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Second Amendment (“Amendment”) to Employment Agreement is made effective July 21, 2008, by and between Steven J. Nunes (“Employee”) and MAKO Surgical Corp. (“Company”).
Recitals
Whereas, Employee and Company have entered into that certain Employment Agreement, dated May 15, 2006 (as amended effective February 5, 2007,the “Agreement,” the terms of which are expressly incorporated herein); and
Whereas, Employee and Company, pursuant to Section 8(a) of the Agreement, now seek to formally amend the Agreement by way of this Amendment;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, representations and warranties contained in the Agreement and this Amendment, the parties hereby agree as follows:
1. Section 2(b) of the Agreement is hereby supplemented by the addition of the following provision, which shall be exclusively applied to the bonus compensation to be paid to the Employee for his performance during 2008:
“For 2008, in addition to other bonus consideration payable, the Employee shall be eligible for a performance bonus under the 2008 Performance Bonus Plan for S. Nunes — SVP of Sales & Marketing, the terms of which are set forth on the attached Exhibit A, incorporated herein by reference.”
2. Except as expressly provided herein, all terms and conditions set forth in the Agreement to which this Amendment applies, shall remain in full force and effect. In the event of a conflict between this Amendment and the Agreement, this Amendment shall be controlling.
4. This Amendment may be executed in counterparts, each of which are deemed to be original, but both of which together constitute one and the same instrument. Copies of signatures sent by facsimile transmission are deemed to be originals for purposes of execution and proof of this Amendment.
In Witness Whereof,the parties have duly executed this Amendment to be effective as of the day and year first above written.
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MAKO SURGICAL CORP. | | EMPLOYEE |
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By: | | /s/ Maurice R. Ferré | | By: | | /s/ Steven J. Nunes |
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| | Maurice R. Ferré | | | | Steven J. Nunes |
| | Chairman, President & CEO | | | | |
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Date: | | July 25, 2008 | | Date: | | July 25, 2008 |