EXHIBIT 10.10
FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
This Fifth Amendment to Employment Agreement (the "Amendment"), dated
as of the 1st day of January, 2003 by and between COMFORCE Corporation
("COMFORCE") a Delaware corporation, and COMFORCE Operating, Inc. ("COI"), a
Delaware corporation that is wholly-owned by COMFORCE (COMFORCE and COI are
collectively referred to as the "Employer"), and Xxxx X. Xxxxxxx, a resident of
the State of Florida ("Employee").
WHEREAS, the parties entered into an Employment Agreement (the
"Employment Agreement") dated as of January 1, 1999 pursuant to which Employer
formalized the terms upon which Employee is employed by Employer, which
Employment Agreement was previously amended as of March 28, 2000, January 23,
2001, September 27, 2001 and July 1, 2002 (as amended, the "Employment
Agreement"); and
WHEREAS, the parties desire to further amend the Employment Agreement
as herein provided.
NOW, THEREFORE, in consideration of the promises and mutual
obligations of the parties contained herein, and for other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. The second sentence of Section 4(a)(ii) of the Employment
Agreement is hereby amended by adding the following additional proviso at the
end thereof: "; and, provided further, that, notwithstanding the foregoing, no
such increase shall be made to Employee's Base Salary for the 2003 calendar
year."
2. All other provisions of the Employment Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on
the day and year first above mentioned.
COMFORCE CORPORATION
By:
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Its:
COMFORCE OPERATING, INC.
By:
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Its:
EMPLOYEE
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Xxxx X. Xxxxxxx
