Fourth Amendment to Employment Agreement between Data Critical Corporation and Michael Singer

Summary

This amendment updates the employment agreement between Data Critical Corporation and Michael Singer. It removes Section 4(c)(v) from the original agreement and updates a related reference in Section 5(b)(i). The amendment is effective as of July 18, 2001, and is signed by both parties. All other terms of the original agreement remain unchanged.

EX-10.9 10 dex109.txt 4TH AMENDMENT TO EMPLOYMENT AGMT-M. SINGER Exhibit 10.9 FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT This Fourth Amendment to Employment Agreement (the "Fourth Amendment") is made as of July 18, 2001 by and between Michael Singer ("Employee") and Data Critical Corporation, a Delaware corporation (the "Company"). WITNESSETH WHEREAS, Employee and the Company are parties to an Employment Agreement dated as of June 14, 1999 (the "Original Employment Agreement") and to an Amendment of Employment Agreement dated as of February 24, 2000 (the "First Amendment") and to a Second Amendment to Employment Agreement dated as of March 11, 2001 (the "Second Amendment") and to a Third Amendment to Employment Agreement dated as of July 2, 2001 (the "Third Amendment") (the Original Employment Agreement, as amended by the First Amendment, Second Amendment and Third Amendment, is herein referred to as the "Employment Agreement"); WHEREAS, Employee and the Company wish to amend the Employment Agreement as set forth in this Amendment; NOW, THEREFORE, in consideration of the mutual consideration, promises, representations and covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, Employee and the Company agree as follows: AGREEMENT 1. Section 4(c)(v) of the Employment Agreement hereby is deleted in its entirety. 2. The first sentence of Section 5(b)(i) of the Employment Agreement hereby is amended by the deletion of the reference to Section 4(c)(v) therein. 3. This Fourth Amendment may be executed in one or more counterparts, all of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties hereto have executed this FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT as of the date and year first above written. DATA CRITICAL CORPORATION By: /s/ Richard L. Earnest -------------------------------- Name: Richard L. Earnest Title: Chief Executive Officer Address: 19820 North Creek Parkway Suite 100 Bothell, WA 98011 MICHAEL E. SINGER /s/ Michael E. Singer -------------------------------- Address: 2404 86th Avenue NE Bellevue, WA 98004 2