EMPLOYMENT AGREEMENT FOR THOMAS L. TRAN, AMENDMENT NO. 2
Back to Form 10-K
2
Exhibit
10.40.2
EMPLOYMENT
AGREEMENT FOR XXXXXX X. XXXX,
AMENDMENT
NO. 2
This Amendment No. 2 to the Employment
Agreement for XXXXXX X. XXXX (“Amendment No. 2”) is made,
effective as of December 18, 2009, by and among WELLCARE HEALTH PLANS, INC., a
Delaware corporation (“WellCare”), COMPREHENSIVE
HEALTH MANAGEMENT, INC., a Florida corporation (the “Corporation”), and XXXXXX X.
XXXX, an individual (“Executive”), with respect to
the following facts and circumstances:
RECITALS
WHEREAS, Executive, WellCare
and the Corporation previously entered into an Employment Agreement on July 17,
2008, which was subsequently amended on March 10, 2009 (as amended, the “Employment Agreement”);
and
WHEREAS, Executive, WellCare
and the Corporation desire to further amend the Employment Agreement regarding
the payment of an expense allowance.
Agreement:
NOW, THEREFORE, in
consideration of the agreements contained herein and of such other good and
valuable consideration, the sufficiency of which Executive acknowledges,
WellCare, the Corporation and Executive, intending to be legally bound, agree as
follows:
1. A
new Section 1.5 shall be added to the Employment Agreement as
follows:
Commencing
on January 1, 2010 and continuing through December 31, 2010, Executive shall
receive an allowance of $2,500 per month for expenses incurred in connection
with travel between Hartford, Connecticut and Tampa, Florida.
2. The
provisions of this Amendment No. 2 may be amended and waived only with the prior
written consent of the parties hereto. This Amendment No. 2 may be
executed and delivered in one or more counterparts, each of which shall be
deemed an original and together shall constitute one and the same
instrument.
3. Except
as set forth in this Amendment No. 2, the Employment Agreement shall remain
unchanged and shall continue in full force and effect.
* * * * *
IN WITNESS WHEREOF, the
parties hereto have executed and delivered this Amendment No. 2 on the date
first written above.
WELLCARE
By: /s/ Xxxxx
Xxxxxxxxx
Name: Xxxxx
Xxxxxxxxx
Title: President
and CEO
CORPORATION
COMPREHENSIVE
HEALTH MANAGEMENT, INC.
By: /s/ Xxxxx
Xxxxxxxxx
Name: Xxxxx
Xxxxxxxxx
Title: President
and CEO
EXECUTIVE
/s/ Xxxxxx X.
Xxxx
XXXXXX X.
XXXX
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