Modification Letter to Employment Terms between BakBone Software Limited and Pat Clarke
This letter, dated January 8, 2004, is an agreement between BakBone Software Limited and Pat Clarke to modify the terms of Pat Clarke's employment offer. The company confirms that reference checks are complete, making the offer unconditional except for an expiration date of January 9, 2004. The notice period for termination or resignation is set at three months, except in cases of serious misconduct or breach of contract, where no notice is required. Both parties have signed to confirm acceptance of these changes.
Exhibit 10.12
January 8, 2004
Mr. Pat Clarke
Brick Lane
Beck Hall
Tealby
Market Rasen
Lincolnshire
LN8 3XS
Re: Modifications to Terms and Conditions of Employment dated January 7, 2004
Dear Pat:
Further to our letter of offer dated January 7, 2004, I am pleased to submit the following modifications to that offer:
| 1) | We have satisfactorily checked the references that you provided and hereby remove that condition from our offer. Our offer of employment is no longer conditional, with the exception that the offer expires 5:00pm (GMT), January 9, 2004. |
| 2) | Clause 6, Period of Notice, is hereby deleted in its entirety, and replaced with the following: |
“In the event of termination without cause, the Company will provide three (3) months notice to you. Should you elect to leave the Company you will provide three (3) months notice to the Company. In the event of termination due to serious misconduct or breach of contract there will be no notice period”.
Please sign below, in addition to signing the original offer letter, to indicate your acceptance of these terms.
Signed on behalf of BakBone Software Limited:
/s/ Keith Rickard
Date: January 8, 2004
I hereby accept this modification letter together with the original terms of the offer of employment (as modified by this letter):
Employee: /s/ Pat Clarke
Date: January 12, 2004
