Amendment No. 1 to Employment and Non-Solicitation Agreement between Sybase Inc. and Pat Fortune

Summary

This amendment, dated February 16, 2001, modifies the Employment and Non-Solicitation Agreement between Sybase Inc. and Pat Fortune. It acknowledges that Pat Fortune has entered into a separate Change of Control Severance Agreement with New Era of Networks, Inc. (NEON), and states that if there is any conflict between the original Sybase agreement and the NEON agreement, the terms of the NEON agreement will take precedence. The amendment is signed by Pat Fortune and is effective as of the stated date.

EX-10.36 10 f70198ex10-36.txt AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT 1 EXHIBIT 10.36 Amendment 1 to the Sybase Employment and Non Solicitation Agreement This Amendment is made the 16th day of February 2001, pursuant to paragraph 8.c) of the Employment and Non Solicitation Agreement by and between Sybase Inc., a Delaware corporation ("Sybase"), and Pat Fortune, an individual residing at Englewood, Colorado. (The "Employee"). Sybase acknowledges and accepts that Employee has entered into the Amended New Era of Networks, Inc Change of Control Severance Agreement dated February 16, 2001 ("NEON Amendment"). The NEON Amendment is attached and incorporated herein. Where there is conflict in the terms or effects between the Sybase Employment and Non Solicitation Agreement and the NEON Amendment the provisions of the NEON Amendment shall prevail. /s/ PAT FORTUNE Pat Fortune Dated February 20, 2001