Employment Agreement - Informix Software Inc. and William O'Kelly
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August 2, 1999
(Revised)
William O'Kelly
1714 Washington Street #8
Calistoga, CA 94515
Dear William:
We are very pleased that you are considering joining us at Informix Software,
Inc. (Company). The purpose of this letter is to set forth our offer of
employment. We propose that you begin employment with Informix Software, Inc.
in the capacity of Vice President Treasurer in our Menlo Park office,
reporting to Howard Bain, Chief Financial Officer.
Your salary, computed on an annual basis beginning on the date you become an
employee of the Company, will be $195,000 per year and shall be paid in equal
semi-monthly installments of $8,125.
It will be recommended to the Board of Directors that you receive a
non-qualified stock option under the Informix Corporation Employee Stock
Option Plan to acquire 50,000 shares of the common stock of Informix
Corporation on terms and conditions to be determined solely by the Board of
Directors at the time of the grant. You, of course, will be under no
obligation to exercise any stock options which may be granted to you.
In addition, you will also participate in the Executive Incentive
Compensation Plan in 1999 at a rate of 35%. Plan details will be provided
under separate cover.
This offer of employment is contingent upon the following:
- Your signing of the Company's Employee Confidential/Ownership/
Nonsolicitation Agreement, in the form attached.
- Your acceptance of this offer by signing this letter below.
- Your signing of the enclosed W-4 form.
- Within your first day of employment, you must provide for examination
proof of your legal right to work in the United States and complete the
Immigration Form I-9 as required by the U.S. Immigration and
Naturalization Service. These include either 1) a U.S. passport, a U.S.
certificate of citizenship, a U.S. certificate of naturalization, an
unexpired foreign passport with attached employment authorization or an
alien registration card with photograph; OR 2) a state driver's license, a
state I.D. card, a U.S. military card AND a Social Security card or a U.S.
birth certificate. If you do not have proof of identification on the first
day of employment, you will be sent home to obtain the documents. You will
not be placed on the payroll until this form is completed by a Company
representative. If for any reason you are unable to provide proof of your
identity as well as your legal right to work in the United States within
the first three days, the
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Page 2
William O'Kelly
August 2, 1999
(Revised)
Company may terminate your employment. From time to time after your
first day of employment, you may be asked to provide proof of your
identity as well as your legal right to work in the United States.
Employment may be contingent upon approval of an Export License granted
by the U.S. Department of Commerce, if required.
This offer of employment is for employment "at will", which means that it is
not for any specific period of time and your employment may be terminated
with or without cause by yourself or the Company at any time and for any
reason.
As an employee of Informix, you also agree to comply with company policies,
procedures and standards of conduct that may be established by the Company.
This offer of employment contains all of the terms and conditions of your
employment with the Company and supersedes any and all prior, oral or written
representations or agreements made by anyone employed by, or associated with,
the Company.
The terms of this offer, if accepted, will become your terms of employment
and can only be added to or modified by a written document signed by the Vice
President of Human Resources, Human Resources Director or the President of
the Company.
I am looking forward to your acceptance of this offer. Please be advised that
this offer of employment is valid only to August 11, 1999. Please acknowledge
your acceptance by signing and dating this letter and returning it to us by
August 16, 1999. In addition, please complete the W-4 form and return it to
the Human Resources Department prior to beginning your employment or no later
than 3 days after your date of hire. Enclosed for your convenience in making
the return is a self-addressed envelope. Please bring your I-9 form, required
identification, and Non-Disclosure Agreement with you on your first day of
employment for verification and witnessing by your manager.
Should you have any questions regarding this offer, please call Human
Resources Staffing, Tina Hoelscher at 650-926-1028.
Sincerely,
INFORMIX SOFTWARE, INC.
/s/ Janet Grogan
Janet Grogan
Director of Staffing
Enclosures
AGREED ON THE 3RD DAY OF AUGUST 1999
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ANTICIPATED START DATE: AUGUST 31, 1999
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SIGNED: /S/ WILLIAM O'KELLY
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