0001193125-09-001670 Sample Contracts

RACKABLE SYSTEMS, INC. FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • January 6th, 2009 • Rackable Systems, Inc. • Electronic computers

This FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT (the “First Amendment” ) dated December 30, 2008 (the “Effective Date”) is executed by and between Rackable Systems, Inc., a Delaware corporation (the “Company”), and James Wheat (the “Executive”). The Company and the Executive are each individually referred to in this Amendment as a “Party” and are collectively referred to in this Amendment as the “Parties.”

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RACKABLE SYSTEMS, INC. FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • January 6th, 2009 • Rackable Systems, Inc. • Electronic computers

This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the “First Amendment”) dated December 31, 2008 (the “Effective Date”) is executed by and between Rackable Systems, Inc., a Delaware corporation (the “Company”), and Mark Barrenechea (the “Executive”). The Company and the Executive are each individually referred to in this Amendment as a “Party” and are collectively referred to in this Amendment as the “Parties.”

Re: Amended and Restated Employment Agreement
Employment Agreement • January 6th, 2009 • Rackable Systems, Inc. • Electronic computers • California

Rackable Systems, Inc. (the “Company”) and you entered into an employment agreement dated December 23, 2002 governing the terms of your employment (the “Original Employment Agreement”). This Amended and Restated Employment Agreement embodies the complete agreement and understanding between the Executive and the Company and supersedes and preempts any prior understandings, agreements or representations, including, without limitation, the Original Employment Agreement, by or between the you and the Company, written or oral, which may have related to the subject matter hereof in any way. For the avoidance of doubt, this Amended and Restated Employment Agreement does not supersede or preempt any provisions of the Retention Agreement or the Retention Bonus Agreement.

AMENDMENT TO RETENTION AGREEMENT
Retention Agreement • January 6th, 2009 • Rackable Systems, Inc. • Electronic computers

WHEREAS, the parties hereto desire to amend that certain Retention Agreement (the “Agreement”) that was made as of January 9, 2007, by and between RACKABLE SYSTEMS, INC. (the “Company”) and GIOVANNI COGLITORE ( “Executive”); and

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