0001193125-03-037544 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • August 14th, 2003 • Mercury Interactive Corporation • Services-prepackaged software • Delaware

This indemnification Agreement (“Agreement”) is made as of this day of 200 , by and between Mercury Interactive Corporation, a Delaware corporation (the “Company”), and (“Indemnitee”).

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AGREEMENT AND PLAN OF MERGER dated as of June 9, 2003 among KINTANA, INC., MERCURY INTERACTIVE CORPORATION, KANGA MERGER CORPORATION, KANGA ACQUISITION L.L.C. AND RAJ JAIN, AS STOCKHOLDERS’ REPRESENTATIVE
Merger Agreement • August 14th, 2003 • Mercury Interactive Corporation • Services-prepackaged software • Delaware

AGREEMENT AND PLAN OF MERGER dated as of June 9, 2003, among Kintana, Inc., a Delaware corporation (the “Company”), Mercury Interactive Corporation, a Delaware corporation (“Parent”), Kanga Merger Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary I”), Kanga Acquisition L.L.C., a Delaware limited liability company and a wholly-owned subsidiary of Parent (“Merger Subsidiary II”) and Raj Jain, as Stockholders’ Representative.

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