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FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED
EMPLOYMENT AGREEMENT
THIS FIRST
AMENDMENT TO SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the
“Amendment”), dated as of the 21st day of August, 2008,
is by and between Corrections Corporation of America, a Maryland
corporation with its principal place of business at 10 Burton Hills
Boulevard, Nashville, Tennessee (the “Company”), and
John D. Ferguson, a resident of Nashville, Tennessee
(“Executive”). All capitalized terms used herein but
otherwise not defined shall have the meaning as set forth in the
Employment Agreement, as herein defined.
WHEREAS, the
Company and Executive are parties to that certain Second Amended
and Restated Employment Agreement, dated as of August 15, 2007
(the “Employment Agreement”), pursuant to which
Executive serves as the Chief Executive Officer and President of
the Company; and
WHEREAS, the
Company and Executive now desire to amend certain terms and
provisions of the Employment Agreement pursuant to the terms
hereof.
NOW, THEREFORE, in
consideration of the mutual promises and covenants contained herein
and other good and valuable consideration, the receipt, sufficiency
and mutuality of which are hereby acknowledged, the Company and
Executive hereby agree as follows.
1.
Amendment . Section 1 is deleted in its entirety and
replaced with the following:
“1.
Employment . The Executive shall serve as the Chairman of
the Board of Directors and Chief Executive Officer of the Company
and such other office or offices to which Executive may be
appointed or elected by the Board of Directors, with the
Executive’s consent. Subject to the provisions of
Section 7 hereof, the Company shall use its best efforts to
have the Executive elected to the
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