INDEMNIFICATION AGREEMENTIndemnification Agreement • August 26th, 2008 • Bakbone Software Inc • Services-prepackaged software
This INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into this 20th day of August, 2008 (the “Effective Date”) by and between BakBone Software Incorporated, a Canadian corporation (the “Company”), and Steven Martin (the “Indemnitee”).
Re: Change in Control Letter AgreementLetter Agreement • August 26th, 2008 • Bakbone Software Inc • Services-prepackaged software
BakBone Software Incorporated, a Canadian corporation (the “Company”), desires, for its continued success, to have the benefit of experienced management personnel. The Board of Directors of the Company therefore believes that it is in the best interests of the organization that, in the event of any prospective Change in Control (as hereinafter defined) of the Company, you be reasonably secure in your employment and position with the Company. In addition, in the event of a Change in Control, the Board of Directors also wants to enable you to exercise independent judgment as to the best interests of the Company and its stockholders without the distraction of any personal uncertainties or risks regarding your continued employment with the Company. In consideration of the foregoing, we are offering you the additional benefits outlined below:
August 18, 2008 Mr. Steven R. MartinBakbone Software Inc • August 26th, 2008 • Services-prepackaged software
On behalf of Bakbone Software Incorporated, a Canadian corporation (“Parent”), and BakBone Software, Inc., a California corporation and a wholly-owned subsidiary of Parent (“BakBone”), we would like to extend an offer of employment (“Agreement”) to you for the position of Senior Vice President-Chief Financial Officer of Parent and of BakBone reporting to Jim Johnson, President and CEO. Your employer will be Bakbone, but you will also serve as the principal financial and accounting officer of Parent for purposes of the regulations promulgated by the United States Securities and Exchange Commission. Your employment responsibilities will initially include those listed on Attachment A (Sections I and II) to this Agreement. Your employment commencement date will be August 20, 2008. You (i) acknowledge that you have reviewed Attachment A (Section III) to this Agreement and (ii) confirm that you meet and/or exceed the qualifications for this position as indicated in such section.
