0001104659-09-000567 Sample Contracts

NETWORK ENGINES, INC. Amended and Restated Executive Retention Agreement
Retention Agreement • January 6th, 2009 • Network Engines Inc • Services-prepackaged software • Massachusetts

THIS AMENDED AND RESTATED EXECUTIVE RETENTION AGREEMENT (the “Agreement”) by and between Network Engines, Inc., a Delaware corporation (the “Company”), and Charles N. Cone III (the “Executive”) is made as of December 30, 2008 (the “Effective Date”). This Agreement amends, restates and supersedes, in its entirety, the Executive Retention Agreement dated October 12, 2008, previously in effect between the parties hereto.

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