EXHIBIT 10.23
[BLUE MARTINI SOFTWARE, INC. LETTERHEAD]
January 15, 2001
Xxxxxx Xxxxx
Re: Employment Terms
________________________________________________________________________________
Dear Xxxx,
Blue Martini Software, Inc. ("BMS") is pleased to offer you the position of
Vice President of Client Service on the terms as described in your offer letter
dated as of the date hereof. In addition to the letter referenced, your
employment includes the following term:
. If you are terminated from BMS without cause, you will be eligible to
receive a severance payment equal to six (6) months of your base salary at
the time of termination and BMS will pay health benefits for you and your
dependents for six (6) months on the same terms as then provided to
employees of the Company. Following termination, you will also be eligible
for medical and other health benefits as provided under COBRA. If you
resign from BMS at any point, a severance payment will not be paid. "Cause"
shall mean the occurrence of one or more of the following: (i) your
conviction of a felony or a crime involving moral turpitude or dishonesty;
(ii) your participation in a fraud or act of dishonesty against the
Company; (iii) your intentional and material damage to the Company's
property; or (iv) a material breach by you of this Agreement, the Company's
written policies, or the Employee Proprietary Information and Inventions
Agreement that is not remedied by you within fourteen (14) days of written
notice of such breach from the Board. It shall be a condition to your
receipt of such severance that you enter into a release agreement
acceptable to the Company. We look forward to your favorable reply and to a
productive and enjoyable working relationship.
Very truly yours,
/s/ XXXX XXXXXX
Xxxx Xxxxxx
Blue Martini Software, Inc.
I accept the employment terms stated in this letter, and expect to commence
employment on February 12, 2001
/s/ XXXXXX XXXXX
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Xxxxxx Xxxxx
Date: January 16, 2001
