0001193125-04-207109 Sample Contracts

Re: Change of Control Agreement

Change of Control Agreement • December 3rd, 2004 • Mercury Interactive Corp • Services-prepackaged software

• Contract Type
  Change of Control Agreement
• Filed
  December 3rd, 2004
• Company
  Mercury Interactive Corp
• Industry
  Services-prepackaged software

Mercury Interactive Corporation (the “Company”) has agreed to extend certain benefits to you in the event your employment with the Company is terminated within eighteen months of a “Change of Control” of the Company. This letter sets out the terms of our agreement (the “Letter”). Capitalized terms are defined on Exhibit A, attached.

EMPLOYMENT AGREEMENT

Employment Agreement • December 3rd, 2004 • Mercury Interactive Corp • Services-prepackaged software • California

• Contract Type
  Employment Agreement
• Filed
  December 3rd, 2004
• Company
  Mercury Interactive Corp
• Industry
  Services-prepackaged software
• Jurisdiction
  California

EMPLOYMENT AGREEMENT (“Agreement”) dated as of December 1, 2004 (the “Effective Date”) by and between Mercury Interactive Corporation (the “Company”) and Anthony Zingale (“Executive”).