Exhibit 10.30
December 27, 2000
Xxxx X. Xxxxx
[Address intentionally omitted.]
Re: Amendment to Employment Agreement
---------------------------------
Dear Xxxx,
In connection with the Employment Agreement (the "Agreement") dated May 17,
2000 between you and Inprise Corporation ("Inprise"), and subject to the
approval of the Compensation Committee of the Inprise Board of Directors, the
Agreement is hereby amended as set forth below:
Paragraph (4) is hereby amended to add the following language: In the event
that you sell your residence located at 0000 Xxxxxxxx Xxxx in Commerce, Michigan
(the "Michigan Property"), Inprise will provide you with the following: (i) up
to $47,521.00 (the "Reimbursed Expenses) as reimbursement for real estate fees
and closing costs associated with the sale of the Michigan Property, contingent
upon production of appropriate supporting documentation; and (ii) an additional
payment with respect to the imposition of applicable U.S. federal, California
state and local income and employment taxes payable in respect of Inprise's
payment to the Employee of the Reimbursed Expenses and the payment contemplated
hereby. Irrespective of the actual tax rates that may apply to the Employee,
such additional payment shall be determined using tax rates of thirty-nine point
six percent (39.6%) for U.S. federal income tax purposes, five point four three
six percent (5.436%) for California state income tax purposes and one point four
five percent (1.45%) for federal employment tax purposes. Other than as
expressly modified above, all of the other terms and conditions of the Agreement
dated May 17, 2000 shall remain in full force and effect without modification.
Sincerely,
INPRISE CORPORATION
By: /S/ Xxxxx X. Xxxxxx
---------------------------------------------
Xxxxx X. Xxxxxx
Senior Vice President, Corporate Services and
Chief Administrative Officer
AGREED AND ACCEPTED ON
THIS 27/th/ DAY OF DECEMBER 2000
/S/ Xxxx X. Xxxxx
-----------------------------------
Xxxx X. Xxxxx
