EMPLOYMENT AGREEMENTEmployment Agreement • November 29th, 2006 • Internap Network Services Corp • Services-computer programming, data processing, etc. • California
Employment Agreement (this “Agreement”) dated as of October 12, 2006 (the “Effective Date”), by and between Internap Network Services Corporation (the “Company”) and Philip Kaplan (“Executive”) (collectively the “Parties”). This agreement becomes effective upon the closing of the merger (the “Merger”) contemplated by that certain Agreement and Plan of Merger, dated as of October 12, 2006, by and among the Company, Ivy Acquisition Corp., and VitalSteam Holdings, Inc. (the “Merger Agreement”). This Agreement shall be null and void upon the termination of the Merger Agreement.
NONCOMPETITION AGREEMENTNoncompetition Agreement • November 29th, 2006 • Internap Network Services Corp • Services-computer programming, data processing, etc. • California
THIS NONCOMPETITION AGREEMENT (this “Agreement”) made as of this 12th day of October, 2006, by and between Internap Network Services Corporation, a Delaware corporation (“Internap”) and (“Principal”), an officer of VitalStream Holdings, Inc., a Nevada corporation (the “Company”). Internap and Principal are referred to collectively herein as the “Parties.”
