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EXHIBIT 10.38
Amendment 1 to the Sybase Employment and Non Solicitation Agreement
This Amendment is made the 16th day of February 2001, pursuant to paragraph 8.c)
of the Employment and Non Solicitation Agreement by and between Sybase Inc., a
Delaware corporation ("Sybase"), and Xxxxx Xxxxxxxxx, an individual residing at
Cherry Hills Village, Colorado. (The "Employee").
Sybase acknowledges and accepts that Employee has entered into the Amended New
Era of Networks, Inc Change of Control Severance Agreement dated February 19,
2001 ("NEON Amendment"). The NEON Amendment is attached and incorporated
herein. Where there is conflict in the terms or effects between the Sybase
Employment and Non Solicitation Agreement and the NEON Amendment the provisions
of the NEON Amendment shall prevail.
/s/ XXXXX XXXXXXXXX
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Xxxxx Xxxxxxxxx Dated: February 20, 2001
