0001193125-03-098914 Sample Contracts

NETWORK ENGINES, INC. Executive Retention Agreement
Executive Retention Agreement • December 23rd, 2003 • Network Engines Inc • Services-prepackaged software • Massachusetts

THIS EXECUTIVE RETENTION AGREEMENT by and between Network Engines, Inc., a Delaware corporation (the “Company”), and Jeffrey A. Brandes (the “Executive”) is made as of November 11, 2002 immediately after the Effective Time as defined in the Merger Agreement (the “Effective Date”).

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Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Agreement Between EMC Corporation and TidalWire Incorporated (Rev. 1, 5/4/01)
Purchase Agreement • December 23rd, 2003 • Network Engines Inc • Services-prepackaged software • Massachusetts

This Agreement (the “Agreement”), is entered into by and between EMC Corporation (“EMC”), a Massachusetts corporation with a principal place of business in Hopkinton, MA and TidalWire, Inc. (“TidalWire”), Massachusetts incorporation with a principal place of business in Westborough, MA.

THIRD AMENDMENT TO LEASE AGREEMENT
Lease Agreement • December 23rd, 2003 • Network Engines Inc • Services-prepackaged software

THIS THIRD AMENDMENT TO LEASE AGREEMENT (this “Third Amendment”) made this 14th day of September, 2000 between NEW BOSTON BATTERYMARCH LIMITED PARTNERSHIP, with a principal place of business at One Longfellow Place, Suite 3612, Boston, Massachusetts 02114 (“Landlord”) and NETWORK ENGINES, INC. (hereinafter called “Tenant”).

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