Fifth Amendment to Employment Agreement between COMFORCE Corporation, COMFORCE Operating, Inc., and John C. Fanning

Summary

This amendment updates the employment agreement between COMFORCE Corporation, its subsidiary COMFORCE Operating, Inc., and John C. Fanning. The main change is that Mr. Fanning's base salary will not be increased for the 2003 calendar year. All other terms of the original employment agreement remain unchanged and in effect.

EX-10.10 4 dex1010.txt FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT - JOHN FANNING 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 John C. Fanning, 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: ------------------------- Its: COMFORCE OPERATING, INC. By: ------------------------- Its: EMPLOYEE ---------------------------- John C. Fanning