EXHIBIT 10.6(b)
AMENDMENT NO. 1
TO
EXECUTIVE EMPLOYMENT AGREEMENT
WHEREAS, BMC Software, Inc. ("Employer") and Xxxxxx Xxxxxxxxx
("Executive") entered into an Executive Employment Agreement dated as of January
5, 2001 (the "Agreement"); and
WHEREAS, Employer and Executive wish to amend the Agreement by entering
into this Amendment No. 1 ("Amendment") to the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of
which is hereby mutually acknowledged by Employer and Executive, the parties
hereby agree as follows:
1. Section 3 of the Agreement is hereby deleted and a new Section 3
is hereby substituted which shall provide as follows"
"3. Employment Terms.
3.1 Employment. Employer hereby employs Executive,
and the Executive hereby accepts employment by
the Employer, upon the terms and conditions set
forth in this Agreement.
3.2 Employment Period. Subject to the provisions of
Section 8, the term of the Executive's
employment under this Agreement will commence
on the Effective Date and end on that date
which is the fourth anniversary of the
Effective Date, unless sooner terminated
pursuant to the terms of this Agreement. The
Employment Period may be extended by mutual
agreement in writing of the parties."
2. This Amendment is effective on the date of execution indicated
below.
Executed as of this 30th day of April, 2002.
EMPLOYER:
BMC Software, Inc.
By: /s/ XXXXXX X. XXXXXXX, XX.
EXECUTIVE:
/s/ XXXXXX XXXXXXXXX
Xxxxxx Xxxxxxxxx
