Sample Business Contracts

Employment Agreement - Openwave Systems Inc. and Josh Pace

Employment Forms

Employment Contract. Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
Consulting Agreement. Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
Commission Agreement. Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
Executive Employment Agreement. Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
Sales Representative Contract. Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
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July 27, 2004

Mr. Josh Pace

1400 Seaport Boulevard

Redwood City, CA 94063

Re: Amendment to Employment Terms

Dear Josh:

This letter amends that certain Amended and Restated Employment Terms Letter Agreement dated April 24, 2003 (the “the 2003 Employment Letter”), between you and Openwave Systems Inc.

Effective today, your title will be Chief Financial Officer. You will report to the President and Chief Executive Officer. Your monthly base salary is $22,916.67 per month or $275,000 on an annualized basis, effective as of July 16, 2004. In addition, based upon achievement of financial and other performance objectives by the Corporation under the Corporation’s “Corporate Incentive Plan”, the Company shall pay to you an annual incentive cash award based upon a target, which shall be fifty percent (50%) of your base salary, with the actual annual incentive cash award determined to be below, at, or above target, based upon the Company’s achievement level against the financial and performance objectives. Notwithstanding the foregoing, the Corporate Incentive Plan does not currently permit any payments throughout the remainder of calendar year 2004.

You should be aware that your employment with the Company is for no specified period and constitutes “at will” employment. As a result, you are free to resign at any time, for any reason or for no reason. Similarly, the Company is free to conclude its employment relationship with you at any time, with or without cause, subject to the severance obligations under or referred to in the 2003 Employment Letter.

In consideration of the foregoing, you hereby reconfirm your obligations under the Confidentiality and Invention Assignment Agreement, dated April 24, 2003, between you and the Company,

Except as modified by this letter, all terms of your employment shall remain unchanged and as set forth in the 2003 Employment Letter.

Please review these terms to make sure they are consistent with your understanding. If so, please send an original signed copy to the VP, Human Resources no later than two days after your receipt of this letter.


		Accepted by:

/s/ DON LISTWIN		/s/ JOSH PACE
Don Listwin President and CEO		Josh Pace