Exhibit 10.38
AMENDMENT TO EMPLOYMENT AGREEMENT
This AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT is entered
into the 29th day of May, 2009, between Conseco Services, LLC (the "Company")
and Xxxxxxx X. Xxxxxxx ("Executive").
Recitals
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A. The Company and Executive entered into an Amended and Restated
Employment Agreement dated as of June 11, 2008 (the "Agreement").
B. The Company and Executive desire to further amend the Agreement to
extend its Term (as defined in the Agreement) and to make the other changes set
forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants contained herein, the receipt and sufficiency of which are hereby
acknowledged:
1. Section 2 of the Agreement is hereby amended solely to change the
ending date of the Term from June 30, 2009 to June 30, 2011. All
other provisions of Section 2 of the Agreement shall remain
unchanged.
2. Section 5(b) of the Agreement is hereby amended solely to change
"2009 bonus" in the penultimate sentence to "2011 bonus." All
other provisions of Section 5(b) of the Agreement shall remain
unchanged.
3. All provisions of the Agreement not amended hereby shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to
Employment Agreement as of the date first above written.
CONSECO SERVICES, LLC
By: /s/ Xxxxxx X. Xxxxxx
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Printed: Xxxxxx X. Xxxxxx
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Title: President
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/s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx
