0001193125-09-057906 Sample Contracts

Re: Employment Agreement Restatement and Amendment #1
Employment Agreement • March 19th, 2009 • Rackable Systems, Inc. • Electronic computers • California

Rackable Systems, Inc. (the “Company”) and you entered into an employment agreement dated June 19, 2007 (attached as Exhibit A, the “Offer Letter”) governing the terms of your employment. The parties desire to restate and amend the Offer Letter based on the terms and conditions herein (“Amendment #1). (The Offer Letter, as amended by this Amendment #1, shall be collectively referred to herein as the “Agreement”). In the event of a conflict between the provisions of this Amendment #1 and the Offer Letter, the provisions of this Amendment #1 shall prevail. The parties agree that in consideration of your continued at-will employment and the exchange and receipt by the parties of other good and valuable consideration, the following terms and conditions shall govern your employment:

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RACKABLE SYSTEMS, INC. THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • March 19th, 2009 • Rackable Systems, Inc. • Electronic computers

This THIRD AMENDMENT TO THE EMPLOYMENT AGREEMENT (the “Third Amendment”) dated December 23, 2008 (the “Effective Date”) is executed by and between Rackable Systems, Inc., a Delaware corporation (the “Company”), and Maurice Leibenstern (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.”

RACKABLE SYSTEMS, INC. SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT
Employment Agreement • March 19th, 2009 • Rackable Systems, Inc. • Electronic computers

This SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT (the “Second Amendment”) dated November 17, 2008 (the “Effective Date”) is executed by and between Rackable Systems, Inc., a Delaware corporation (the “Company”) and Maurice Leibenstern (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.”

RACKABLE SYSTEMS, INC. SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • March 19th, 2009 • Rackable Systems, Inc. • Electronic computers

This SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT (the “Second Amendment”) dated December 23, 2008 (the “Effective Date”) is executed by and between Rackable Systems, Inc., a Delaware corporation (the “Company”), and David Yoffie (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.”

November 12, 2008 Tony Gaughan Dear Tony:
Separation Agreement • March 19th, 2009 • Rackable Systems, Inc. • Electronic computers • California

This Separation Agreement (the “Agreement”) sets forth the terms of your separation from employment with Rackable Systems, Inc. (the “Company”).

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