ContractExhibit a Exclusivity Agreement • September 22nd, 2010 • Hewlett Packard Co • Computer & office equipment • Delaware
EXHIBIT A EXCLUSIVITY AGREEMENT This Exclusivity Agreement (the “Agreement”) is made and entered into as of August 27, 2010, by and between Hewlett-Packard Company (“HP”) and ArcSight, Inc. (the “Company”). RECITALS A. The parties hereto have had preliminary discussions regarding a possible strategic transaction (the “Transaction”) involving HP and the Company. B. The Company desires to induce HP to further analyze such a Transaction and to negotiate in earnest with the intent to complete such a Transaction. NOW THEREFORE, the parties agree as follows: 1. Negotiations with Others. Prior to the Termination Time (as defined below), the Company shall not (and shall use reasonable efforts to cause its officers, managers, employees, members, agents, representatives and affiliates not to), directly or indirectly, take any of the following actions with any party other than HP and its designees: (i) solicit, encourage, initiate or participate in any negotiations or discussions with respect to,
