EXHIBIT 10.7(d)
FORM OF AMENDMENT NO. 3 TO EXECUTIVE EMPLOYMENT AGREEMENT
This Amendment No. 3 to Executive Employment Agreement (this "Amendment")
is made as of November 1, 2003 (the "Amendment Date"), by and between BMC
Software, Inc., a Delaware corporation (the "Employer"), and ______________, an
individual resident of ______________ (the "Executive"). The Employer and the
Executive are each a "party" and are together "parties" to this Amendment.
WHEREAS, the parties have previously entered into an Employment Agreement
dated as of ___________ (the "Agreement"), and the parties wish to amend the
Agreement to provide for an automatically renewing "Employment Period," as
defined in the Agreement, on the terms described herein.
NOW THEREFORE, in consideration of the extension of the Employment Period
provided for hereunder and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties, intending to be
legally bound, agree as follows, effective as of the Amendment Date:
1. Section 2.2 of the Agreement shall be deleted and the following
shall be substituted therefor:
"2.2 EMPLOYMENT PERIOD
Subject to the provisions of Section 6, the term of the Executive's
employment under this Agreement will commence upon the Amendment Date and
shall continue in effect through the third anniversary of the Amendment
Date (the "Employment Period"); provided, however, that, subject to the
provisions of Section 6, commencing on November 2, 2003 and on each day
thereafter, the Employment Period shall be automatically extended for one
additional day unless the Employer shall give written notice to Executive
that the Employment Period shall cease to be so extended, in which event
the Employment Period shall terminate on the third anniversary of the date
such notice is given. The Employment Period may be further extended by
mutual agreement of the parties."
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2. Except as amended hereby, the Agreement is specifically ratified and
reaffirmed.
IN WITNESS WHEREOF, the parties have executed and delivered this Amendment
as of the date first written above.
EMPLOYER:
BMC Software, Inc.
By: _______________________________
Name: Xxxxxx Xxxxx
Title: Senior Vice President of
Administration
EXECUTIVE:
___________________________________
