0000950129-06-006284 Sample Contracts

EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • June 14th, 2006 • BMC Software Inc • Services-prepackaged software • Texas

This Employment Agreement (this “Agreement”) is made as of May 1, 2005 (the “Effective Date”), by and between BMC Software, Inc., a Delaware corporation (the “Employer”), and Harold I. Goldberg (the “Executive”). The Employer and the Executive are each a “party” and are together “parties” to this Agreement.

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AMENDMENT NO. 4 TO EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • June 14th, 2006 • BMC Software Inc • Services-prepackaged software

This Amendment No. 4 to Executive Employment Agreement (this “Amendment”) is made as of November 1, 2003 (the “Amendment Date”), by and between BMC Software, Inc., a Delaware corporation (the “Employer”), and Dan Barnea, an individual resident of Neve Monosson, Israel (the “Executive”). The Employer and the Executive are each a “party” and are together “parties” to this Amendment.

Amendment No. 3 To Executive Employment Agreement
Executive Employment Agreement • June 14th, 2006 • BMC Software Inc • Services-prepackaged software

WHEREAS, BMC Software, Inc. (“Employer”) and Dan Barnea (“Executive”) for good and valuable consideration, the receipt of which is hereby mutually acknowledged, have agreed to the terms of this Amendment;

Amendment No. 5 to Executive Employment Agreement
Executive Employment Agreement • June 14th, 2006 • BMC Software Inc • Services-prepackaged software

This Amendment No. 5 to the Executive Employment Agreement dated as of April 1, 2000 (the “Agreement”) between BMC Software, Inc. (the “Employer”) and the undersigned executive (the “Executive”) is entered into as of this 31st day of January, 2004 (the “Effective Date”).

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