FIRST AMENDMENT TO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
(this “Amendment”) is made effective as of the 3rd day of February, 2006 (the “Effective Date”) by and between
BEAZER HOMES USA, INC., a Delaware corporation (the “Company”), and LOWELL BALL, an individual
resident of the State of Georgia (“Executive”).
WHEREAS, the Company and Executive have heretofore entered into an Amended And Restated
Employment Agreement made effective as of September 1, 2004 (the “Existing Agreement”); and
WHEREAS, the Company and Executive desire to amend certain provisions of the Existing Agreement
as provided herein.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
herein contained, the Company and Executive hereby agree as follows:
1. Section 6(a)(i) of the Existing Agreement is hereby amended by deleting the second (2nd) sentence
thereof and substituting the following in place thereof:
“ Anything contained herein to the contrary notwithstanding, the timing of payment by the Company of any deferred
compensation shall remain subject to the terms and conditions of the applicable deferred compensation plan and any
payment election previously made by the Executive; provided , however , that, if at the time of Termination, Executive is
a “specified employee” within the meaning of Section 409A of the Internal Revenue Code, as amended, then payments
shall not be made before the date which is six (6) months after the date of separation from service with the Company
(or, if earlier, the date of the Executive’s death).”
2. Section 7(a) of the Existing Agreement is hereby amended by adding New Mexico to the list of the
States in which the existing Business of the Company currently extends.
3. Subsection (v) of Section 7(a) of the Existing Agreement is hereby amended by deleting same and
substituting the following i