Exhibit 10.17
AMENDMENT NO. 1 TO AGREEMENT RELATING TO EMPLOYMENT
AMENDMENT, dated January 14, 1999, by and between NetScout Systems,
Inc., a Delaware corporation ("NetScout"), and Xxxx Xxxxxxx, a founder of
NetScout ("Xx. Xxxxxxx").
WHEREAS, the Company and Xx. Xxxxxxx entered into an Agreement Relating
to Employment dated as of June 1, 1994 (the "Employment Agreement");
WHEREAS, the parties desire to amend the Employment Agreement to add
provisions with respect to Xx. Xxxxxxx'x compensation;
NOW, THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the parties hereto agree to amend the Employment
Agreement as follows:
1. That Section 2 be amended by deleting it in its entirety and
replacing it with the following:
"BASE SALARY AND BONUS. During the term of this Agreement, the
Company shall pay Xx. Xxxxxxx a base salary at an annual rate of at least
$250,000 and a year-end, non-discretionary bonus of at least $250,000. The base
salary shall be payable in installments in accordance with the Company's regular
practices, as such practices may be modified from time to time.
2. This Amendment shall be governed by the laws of the Commonwealth of
Massachusetts and shall be binding upon the heirs, personal representatives,
executors, administrators, successors and assigns of the parties.
3. This Amendment may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, this Amendment has been executed as of the date and
year first above written.
NETSCOUT SYSTEMS, INC.
By: /s/ XXXXXXXX XXXXX
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Xxxxxxxx Xxxxx
President
/s/ XXXX XXXXXXX
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Xxxx Xxxxxxx
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