EX-10.10 8 ex1010.txt SECOND AMEND. EMP. AGMT. - SEAN J. AUSTIN 09/01/2006 EXHIBIT 10.10 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This Second Amendment (the "Second Amendment") to that certain employment agreement (the "Agreement") dated May 3, 2005 by and between Westside Energy Corporation (the "Company") and Sean J. Austin ("Austin") is made and entered into effective as of the 1st day of September, 2006 by and between the Company and Austin. All capitalized, undefined terms used herein shall have the respective meanings given to such terms in the Agreement. RECITALS WHEREAS, the Agreement was entered on or about May 3, 2005; and WHEREAS, the Agreement was amended effective January 1, 2006 by an instrument entitled "FIRST AMENDMENT TO EMPLOYMENT AGREEMENT" (for purposes of the remainder of this Second Amendment, the term "Agreement" shall mean the Agreement as heretofore amended by said First Amendment); and WHEREAS, the Company and Austin desire to amend further the Agreement upon the terms, provisions and conditions set forth hereinafter; AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Company and Austin to amend the Agreement, the Company and Austin agree as follows: 1. AMENDMENT TO THE AGREEMENT. The Agreement is hereby amended so that the annual salary rate provided for thereunder is increased from $140,000 to $160,000. 2. MISCELLANEOUS. Except as otherwise expressly provided herein, the Agreement is not amended, modified or affected by this Second Amendment. Except as expressly set forth herein, all of the terms, conditions, covenants, representations, warranties and all other provisions of the Agreement are herein ratified and confirmed and shall remain in full force and effect. On and after the date on which this Second Amendment becomes effective, the terms, "Agreement," "hereof," "herein," "hereunder" and terms of like import, when used herein or in the Agreement shall, except where the context otherwise requires, refer to the Agreement, as amended by this Second Amendment. This Second Amendment may be executed into one or more counterparts, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof; each counterpart shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURES TO FOLLOW] IN WITNESS WHEREOF, this Second Amendment to the Agreement is adopted effective as of the effective date stated above. "COMPANY" "AUSTIN" WESTSIDE ENERGY CORPORATION /s/ Sean J. Austin By:/s/ Douglas G. Manner Sean J. Austin Name:Douglas G. Manner Title:Chief Executive Officer