Fifth Amendment to Employment Agreement, by and between David E. Harding and ImageWare Systems, Inc., dated February 7, 2018

EX-10.1 3 ex10-1.htm FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT Blueprint
 
Exhibit 10.1
 
Fifth Amendment
to
Employment Agreement
 
 
This Fifth Amendment to Employment Agreement (the “Fifth Amendment”), is being entered into effective December 31, 2017 by and between ImageWare Systems, Inc., a Delaware corporation (the “Company”) and Mr. David Harding (the “Executive”).
                    
Whereas, the Company and Executive entered into an Employment Agreement dated as of January 1, 2013 and subsequently amended on November 1, 2013, January 9, 2015, December 14, 2015, and on October 20, 2016 (as amended, the “Employment Agreement”);
 
WHEREAS, the Executive continues to perform valuable services for the Company and the Company desires to assure itself of the continuing services of Executive; and
 
WHEREAS, in consideration of the foregoing and in order to amend the terms of the Agreement and to provide for the continued services of the Executive in accordance with the present intent of the Company and the Executive.
 
NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, receipt of which is hereby acknowledged, and in further consideration of the mutual covenants contained in the Employment Agreement, the parties do hereby agree that the Employment Agreement is hereby amended as follows:
 
1. 
Section “3. Term of Agreement strike the language “continue until December 31, 2017” and replace it with “continue until December 31, 2018”.
 
2. 
Except as expressly amended herein, the Employment Agreement shall continue and be in full force in all respects.
 
 
 
/s/ James Miller
 
/s/ David Harding
ImageWare Systems, Inc.
Chairman and CEO
February 7, 2018
 
David Harding