0000950133-07-004665 Sample Contracts

AMENDED AND RESTATED EMPLOYMENT/SEVERANCE AGREEMENT
Employment/Severance Agreement • November 14th, 2007 • Double-Take Software, Inc. • Services-prepackaged software • Massachusetts

AMENDED AND RESTATED AGREEMENT made as of the 9th day of November, 2007 by and between David J. Demlow residing at the address indicated on the signature page hereto (hereinafter referred to as the “Employee”) and Double-Take Software, Inc., a Delaware corporation with principal offices located at 257 Turnpike Road, Suite 210, Southborough, Massachusetts 01772 (hereinafter referred to as the “Company”).

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November 9, 2007 [NAME] [TITLE] c/o Double-Take Software, Inc. 257 Turnpike Road, Suite 210 Southborough, MA 01772 Dear [NAME]:
Letter Agreement • November 14th, 2007 • Double-Take Software, Inc. • Services-prepackaged software • Massachusetts

Once executed by both parties, this letter agreement (this “Letter Agreement”) will constitute an agreement between DoubleTake Software, Inc. (the “Company”) and you with respect to certain payments and benefits that may become payable to you in connection with a termination of your employment by the Company without Cause (as defined in Section 1). For purposes of this Letter Agreement, the “Effective Date” shall be the date first set forth above.

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