FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN FOSTER WHEELER LTD. AND UMBERTO DELLA SALA
Exhibit 10.5
This FIRST AMENDMENT (this “Amendment”) to the Employment Agreement between XXXXXX XXXXXXX
LTD., a Bermuda company (the “Employer”), and XXXXXXX XXXXX XXXX (the “Executive”), dated as of
March 1, 2008 (the “Employment Agreement”), is made and entered into effective as of October 1,
2008.
WHEREAS, the Executive and Xxxxxx Xxxxxxx Continental Europe, S.r.l. (“FWCEU”) have agreed to
terminate their fixed term employment agreement (the “FWCEU Agreement”) by mutual consent effective
as of September 30, 2008;
WHEREAS, the Executive and Xxxxxx Xxxxxxx Global E&C S.r.l. (“FWGE&C”) have agreed to enter
into a new fixed term employment agreement with the same terms and conditions as those in the FWCEU
Agreement effective as of October 1, 2008; and
WHEREAS, the parties each desire to amend the Employment Agreement to reflect the
above-described change in the Executive’s subsidiary employer from FWCEU to FWGE&C and to
contemplate any further similar such changes in the Executive’s subsidiary employer.
NOW THEREFORE, BE IT RESOLVED, the Employer and the Executive by executing this Amendment
hereby agree to amend the Employment Agreement as follows:
| 1. | The first and second “Whereases” of the Employment Agreement are hereby revised to read in their entirety as follows: |
“WHEREAS, the Executive is currently employed by Xxxxxx Xxxxxxx Global E&C S.r.l. and
may come to be employed by one or more other Italian affiliates of the Employer
(collectively, and each, the “Italian Subsidiary”);
WHEREAS, Executive’s employment relationship with the Italian Subsidiary is
collectively governed by Italian law, the Contratto Collettivo Nazionale Dirigenti Aziende
Industriali which is set to expire on December 31, 2008, and any extension thereto or
successor contract (the “National Contract”), an Italian employment contract, and the
applicable Italian Subsidiary policies and procedures;”
IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date first
above written.
| XXXXXX XXXXXXX LTD. | ||||||
| By: | /s/ Xxxxxxx X. Xxxxxxxxxx
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| Name: Xxxxxxx X. Xxxxxxxxxx | ||||||
| Title: Chief Executive Officer | ||||||
| /s/ Xxxxxxx xxxxx Xxxx
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