0001193125-04-207109 Sample Contracts

Re: Change of Control Agreement
Mercury Interactive Corp • December 3rd, 2004 • Services-prepackaged software

Mercury Interactive Corporation (the “Company”) has agreed to extend certain benefits to you in the event your employment with the Company is terminated within eighteen months of a “Change of Control” of the Company. This letter sets out the terms of our agreement (the “Letter”). Capitalized terms are defined on Exhibit A, attached.

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EMPLOYMENT AGREEMENT
Employment Agreement • December 3rd, 2004 • Mercury Interactive Corp • Services-prepackaged software • California

EMPLOYMENT AGREEMENT (“Agreement”) dated as of December 1, 2004 (the “Effective Date”) by and between Mercury Interactive Corporation (the “Company”) and Anthony Zingale (“Executive”).

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