Amendment to Employment Agreement - Roland O. Burns

EX-10.9 11 d16950exv10w9.txt AMENDMENT TO EMPLOYMENT AGREEMENT - ROLAND O. BURNS EXHIBIT 10.9 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement ("Agreement") is executed by and between COMSTOCK RESOURCES, INC., a Nevada corporation (the "Company") with principal offices in Frisco, Texas, and ROLAND O. BURNS ("Employee"). WHEREAS, the parties entered into an Employment Agreement effective June 1, 2002 (the "Employment Agreement); and WHEREAS, the parties desire to amend the Employment Agreement to permit the Employee to perform certain services, which the Company has determined are in its best interest; NOW, THEREFORE, the Company and the Employee agree that Paragraph 5 of the Employment Agreement shall be amended as set forth below, effective July 16, 2004. Paragraph 5 shall provide as follows (the amended provision is highlighted): 5. Performance of Services. Employee shall devote his full working time to the business of the Company; PROVIDED, HOWEVER, EMPLOYEE MAY SERVE AS CHIEF FINANCIAL OFFICER, SECRETARY AND A MEMBER OF THE BOARD OF MANAGERS OF BOIS D'ARC ENERGY, LLC, A NEVADA LIMITED LIABILITY COMPANY, OR ITS SUCCESSORS, PROVIDED THAT SUCH SERVICE SHALL NOT INTERFERE WITH THE PERFORMANCE OF HIS DUTIES HEREUNDER. Employee shall be excused from performing any services for the Company hereunder during periods of temporary incapacity and during vacations conforming to the Company's standard vacation policy, without thereby in any way affecting the compensation to which he is entitled hereunder. [Signature page follows.] -1- EXECUTED and effective July 16, 2004. COMSTOCK RESOURCES, INC. /s/ M. Jay Allison --------------------------------------------- Name: M. Jay Allison Title: President and Chief Executive Officer EMPLOYEE: /s/ Roland O. Burns -------------------------------------------- Name: Roland O. Burns -2-