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ROST » Topics » THIRD AMENDMENT TO INDEPENDENT CONTRACTOR CONSULTANCY AGREEMENT

This excerpt taken from the ROST 10-Q filed Dec 12, 2007.

THIRD AMENDMENT TO INDEPENDENT CONTRACTOR CONSULTANCY
AGREEMENT

This Third Amendment to the Independent Contractor Consultancy Agreement (the “Consultancy Agreement”) is made and entered into effective September 1, 2007, by and between Ross Stores, Inc. (the “Company”) and Stuart G. Moldaw (the “Consultant”). The Company and the Consultant previously entered into an Independent Contractor Consultancy Agreement (the “Consultancy Agreement”), which became effective April 1, 2002; a First Amendment to the Consultancy Agreement effective August 21, 2003; and a Second Amendment to the Consultancy Agreement effective April 1, 2005 (the Consultancy Agreement, First Amendment to the Consultancy Agreement, and Second Amendment to the Consultancy Agreement are collectively the “Agreement”). It is now the intention of the Company and the Contractor to further amend the Agreement as set forth below:

I. The term of this Agreement shall be extended through March 31, 2011.
 
II. The Consultant and the Company further amend the Agreement by deleting Paragraph 1.2(d) of the Agreement in its entirety and replacing it with the following new Paragraph 1.2(d):
 
  1.2(d)
 
              (i) Until the respective deaths of Consultant and his current spouse, Consultant, and his current spouse, shall be entitled to continue to participate (at no cost to them) in the following Company employee benefit plans: executive medical, dental, and vision. The Company shall not make any changes in such plans or arrangements that would adversely affect Consultant’s rights or benefits thereunder, unless such change occurs pursuant to a program applicable to all senior executives of the Company and does not result in a proportionately greater reduction in the rights of, or benefits to, Consultant as compared with any other senior executive of the Company.

Except for the amendments as set forth above, the Agreement and all of its terms remain in force and effect.

                ROSS STORES, INC.  STUART G. MOLDAW 
  (the “Company”)         (“Consultant”) 
 
By:    By:   
     
Name:      Date:   
 
Title:     
 
Date:       

26

These excerpts taken from the ROST 10-K filed Apr 14, 2005.

SECOND AMENDMENT TO INDEPENDENT CONTRACTOR CONSULTANCY
AGREEMENT

This Second Amendment to the Independent Contractor Consultancy Agreement (the “Consultancy Agreement”) is made and entered into effective April 1, 2005, by and between Ross Stores, Inc. (the “Company”) and Stuart G. Moldaw (the “Consultant”). The Company and the Contractor previously entered into an Independent Contractor Consultancy Agreement (the “Consultancy Agreement”), which became effective April 1, 2002, amended effective August 21, 2003 (“First Amendment”) and which continues in effect through March 31, 2005 (the Consultancy Agreement, First Amendment, and this Second Amendment are collectively “the Agreement”).  It is now the intention of the Company and the Contractor to further amend the Agreement as set forth below:

          The term of this Agreement shall be extended from April 1, 2005 through March 31, 2008.

Except as modified by this Second Amendment, the Agreement shall remain in force as provided therein,

The parties have executed this Second Amendment on the date(s) shown below.

 

ROSS STORES, INC.

 

STUART G. MOLDAW

 

     (the “Company”)

 

     (“Consultant”)
           

 

 

 

 

 

 

 

By:

/s/ MICHAEL BALMUTH

 

By:

/s/ STUART G. MOLDAW

 

 

 

 

 

Name:

Michael Balmuth

 

Date:

3/30/05

 

Title:

Vice Chairman, President & CEO

 

 

 

 

Date:

_________________

 

 

 

FOURTH AMENDMENT TO THE
INDEPENDENT CONTRACTOR CONSULTANCY AGREEMENT

          This Fourth Amendment to the Independent Contractor Consultancy Agreement (the “Consultancy Agreement”) is made and entered into by and between Ross Stores, Inc. (the “Company”) and Norman A, Ferber (the “Contractor”).  The Company and the Contractor previously entered into an Independent Contractor Consultancy Agreement that became effective February 1, 2000 and continued in effect until January 31, 2001.  The original Consultancy Agreement was extended from February 1, 2001 until January 31, 2004 in the three following Amendments to the Independent Contractor Consultancy Agreement.  It is now the intention of the Company and the Contractor to further amend these agreements as set forth below. Accordingly, the Company and the Contractor now amend the agreements as follows:

 

A.

Amendments.

 

 

 

 

 

Paragraph 8.1, will be amended in its entirety to read as follows:

 

 

 

 

 

8.1          Term.     This Fourth Amendment is effective as of February 1, 2004 (“Effective Date”) and will continue until January 31, 2005 (“Consultancy Termination Date”). This Agreement is renewable upon the mutual consent of both parties. The terms of such renewal must be in writing and signed by both Company and Contractor,

 

 

 

 

 

Paragraph 9.5, will be amended in its entirety to read as follows:

 

 

 

 

 

9.5          Entire Agreement.     This Fourth Amendment to the Independent Contractor Consultancy Agreement, the Third Amendment to the Independent Contractor Consultancy Agreement effective February 1, 2003, the Second Amendment to the Independent Contractor Consultancy Agreement effective February 1, 2002, the Amendment to the Independent Contractor Consultancy Agreement effective February 1, 2001, and the Independent Contractor Consultancy Agreement effective February 1, 2000 constitute the entire agreement between the parties relating to this subject matter and all prior or contemporaneous oral or written agreements concerning such subject matter, including relevant terms from the parties prior Amended and Restated Employment Agreement and subsequent amendments. The terms of the Fourth Amendment to the Independent Contractor Consultancy Agreement and the surviving terms of the Independent Contractor Consultancy Agreement, the Third and the Second Amendments to the Independent Contractor Consultancy Agreement and Amendment to the Independent Contractor Consultancy Agreement will govern all services undertaken by Contractor for Company beginning February 1, 2004 and continuing until January 31, 2005, unless otherwise agreed in writing by the parties.

 

B.

No Other Modifications.

 

 

 

 

 

Except as modified by this Agreement, the Independent Contractor Consultancy Agreement that became effective February 1, 2000, the Amendment to the Independent Contractor Consultancy Agreement that became effective February 1, 2001, the Second Amendment to the Independent Contractor Consultancy Agreement that became effective February 1, 2002, and the Third Amendment to the Independent Contractor Consultancy Agreement that became effective February 1, 2003 shall remain in force and effect during the term of this Amendment.

 

 

 

 

 

IN WITNESS WHEREOF, the parties have executed this Amendment, effective February 1, 2004.

 

Company:

 

Contractor:

 

 

 

 

 

Ross Stores, Inc.

 

Norman A. Ferber

 

 

 

 

 

 

 

By:

/s/ MICHAEL BALMUTH

 

By:

/s/ NORMAN A. FERBER

 

 

 

 

 

Name:

Michael Balmuth

 

Title:

CHAIRMAN OF THE BOARD

 

Title:

Vice Chairman & CEO

 

Date:

12/3/03

 

Date:

11/25/03

 

 

 

2

EXCERPTS ON THIS PAGE:

10-Q
Dec 12, 2007
10-K (2 sections)
Apr 14, 2005
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