Exhibit 10.9
AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment to Employment Agreement (this "Amendment") is made and
entered into as of July 1, 2000 by and between MarketFirst Software, Inc., a
Delaware corporation (the "Company"), and Xxxxx X. Xxxxxxx (the "Executive").
WHEREAS, that certain Amended and Restated Employment Agreement (the
"Agreement") was entered into as of January 1, 2000 by and between the Company
and the Executive.
WHEREAS, the parties desire to amend the Agreement as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants,
representations, warranties and agreements contained herein, and intending to be
legally bound hereby, the parties agree as follows:
ARTICLE I
DEFINITIONS
Except as otherwise defined herein, capitalized terms used herein
shall have the same meanings as those terms are defined in the Agreement.
ARTICLE II
AMENDMENTS
2.1 Paragraph (a) of Section 2.1 of the Agreement is hereby amended and
restated in its entirety to read as follows:
"(a) Base Salary. $235,000 per year base salary, payable in
installments in accordance with the Company's normal payroll practices,
less such deductions or withholdings required by law."
2.2 Paragraph (b) of Section 2.1 of the Agreement is hereby amended and
restated in its entirety to read as follows:
"(b) Bonus. A target bonus of $100,000 per year, payable quarterly
upon satisfaction of performance goals to be mutually agreed upon by
Executive and the Board within 90 days after the Commencement Date and
within 90 days after the beginning of each calendar year thereafter."
2.3 Except as set forth above, the terms and conditions of the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have entered into this Amendment as of
the date first written above.
COMPANY
MARKETFIRST SOFTWARE, INC., a Delaware
corporation
By: /s/ Xxxxxx X. Xxxxx
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Xxxxxx X. Xxxxx, Vice President of
Finance and Administration
EXECUTIVE
/s/ Xxxxx X. Xxxxxxx
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Xxxxx X. Xxxxxxx
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