EMPLOYMENT AGREEMENTEmployment Agreement • November 13th, 2003 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software • Minnesota
This Employment Agreement (“Agreement”), the Release attached as Schedule A hereto (“the Release”), the Nonsolicitation Agreement attached hereto as Schedule B (the “Nonsolicitation Agreement”) and the Noncompetition Agreement attached as Schedule C hereto (the “Noncompetition Agreement”) are made and entered into as of the date indicated below between Digital River, Inc., including its agents, facilities, affiliates, associated entities, joint ventures, subsidiaries, predecessors, successors, officers, directors, assigns, employees, stockholders, delegates, benefit plans and plan administrators, attorneys and insurers (collectively “Digital River”), and Jay Kerutis (“Mr. Kerutis”). Notwithstanding any other provision of this Agreement, this Agreement shall not be effective or have any effect until the Release has become effective and enforceable. Mr. Kerutis and Digital River are sometimes referenced collectively as the “Parties” to this Agreement.
