0001193125-07-229066 Sample Contracts

NETSUITE INC. Common Stock, par value $0.01 per share UNDERWRITING AGREEMENT
Underwriting Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software • New York
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NETSUITE, INC. SEVERANCE AND CHANGE OF CONTROL AGREEMENT
Severance and Change of Control Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software • California

This Severance and Change of Control Agreement (the “Agreement”) is made and entered into by and between Timothy Dilley (“Executive”) and NetSuite Inc. (the “Company”), effective as of July 1, 2007 (the “Effective Date”).

NETSUITE, INC. SEVERANCE AND CHANGE OF CONTROL AGREEMENT
Severance and Change of Control Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software • California

This Severance and Change of Control Agreement (the “Agreement”) is made and entered into by and between Zachary Nelson (“Executive”) and NetSuite Inc. (the “Company”), effective as of July 1 , 2007 (the “Effective Date”).

July 11, 2007 Timothy Dilley c/o NetSuite Inc. San Mateo, CA 94403-2511
Employment Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software

This letter is to confirm the terms of your employment with NetSuite Inc. (the “Company”). This letter supersedes all prior agreements relating to the terms of your employment, except for the Severance and Change of Control Agreement dated as of July 1, 2007, between you and the Company (the “Severance Agreement”) and the Confidentiality and Invention Assignment Agreement dated December 6, 2006, between you and the Company (the “Confidentiality Agreement”). The terms set forth below shall be effective as of July 1, 2007 (the “Effective Date”).

NETSUITE INC. LETTERHEAD] July 1, 2007
Employment Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software • Nelson

This letter is to confirm the terms of your employment with NetSuite Inc. (the “Company”). This letter supersedes all prior agreements relating to the terms of your employment, except for the Severance and Change of Control Agreement dated July 1, 2007, between you and the Company (the “Severance Agreement”) and the Confidentiality and Invention Assignment Agreement dated July 1, 2002, between you and the Company (the “Confidentiality Agreement”). The terms set forth below shall be effective as of July 1, 2007 (the “Effective Date”).

Your Name Netsuite, Inc. Your Contact DAVE LIPSCOMB Your Location 2955 CAMPUS DR Phone Number 6506271000’ STE 100 Email Address SAN MATEO CA 94403-2539
Oracle License and Services Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software
Master Service Agreement (SFMSA Version 5.0 – 12/20/05)
Master Service Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software • Colorado

This Master Service Agreement (“Agreement”) is made this 17th day of March, 2006 between LEVEL 3 COMMUNICATIONS, LLC (“Level 3”) and NETSUITE, INC. (“Customer”). This Agreement provides the general terms and conditions applicable to Customer’s purchase of communications services (“Service”) from Level 3.

NETSUITE INC. AND NETSUITE SOFTWARE (ASIA PACIFIC) PTE. LTD. SEVERANCE AND CHANGE OF CONTROL AGREEMENT
Severance and Change of Control Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software

This Severance and Change of Control Agreement (the “Agreement”) is made and entered into by and between Dean Mansfield (“Executive”), NetSuite Software (Asia Pacific) Pte. Ltd. (the “Company”), and NetSuite Inc., and California corporation (the “Parent”), effective as of July 1, 2007 (the “Effective Date”).

NETSUITE INC. LETTERHEAD] July 1, 2007
Employment Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software

This letter is to confirm the terms of your employment with NetSuite Inc. (the “Company”). This letter supersedes all prior agreements relating to the terms of your employment, except for the Severance and Change of Control Agreement dated July 1, 2007, between you and the Company (the “Severance Agreement”) and the Confidentiality and Invention Assignment Agreement dated on or about January 10, 2000, between you and the Company (the “Confidentiality Agreement”). The terms set forth below shall be effective as of July 1, 2007 (the “Effective Date”).

NETSUITE INC. LETTERHEAD] July 1, 2007
Employment Agreement • October 30th, 2007 • Netsuite Inc • Services-prepackaged software

This letter is to confirm the terms of your employment with NetSuite Inc. (the “Company”). This letter supersedes all prior agreements relating to the terms of your employment, except for the Severance and Change of Control Agreement dated July 1, 2007, between you and the Company (the “Severance Agreement”) and the Confidentiality and Invention Assignment Agreement dated January 26, 2000, between you and the Company (the “Confidentiality Agreement”). The terms set forth below shall be effective as of July 1, 2007 (the “Effective Date”).

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