OMNITURE, INC. AMENDMENT TO JOSHUA G. JAMES CHANGE OF CONTROL AGREEMENT AND EMPLOYMENT AGREEMENTControl Agreement and Employment Agreement • September 24th, 2009 • Omniture, Inc. • Services-prepackaged software • Utah
This amendment (the “Amendment”) is made by and between Joshua G. James (“Employee”) and Omniture, Inc. (the “Company”, and together with Employee, the “Parties”) on September 21, 2009 and will be effective as of immediately prior to the Acceptance Date (as this term is defined in the Merger Agreement (as hereinafter defined)). For the avoidance of doubt, if the Acceptance Date does not occur within 12 months following September 15, 2009, and the Merger Agreement has been terminated in accordance with Section 9.1 of such agreement, this Amendment will not become effective under any circumstances unless the Parties agree otherwise.
