Amendment No. 1 to Employment and Non-Solicitation Agreement between Sybase Inc. and Peter Hoversten

Summary

This amendment, dated February 16, 2001, modifies the Employment and Non-Solicitation Agreement between Sybase Inc. and Peter Hoversten. It acknowledges that Hoversten 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 amendment, the NEON amendment will take precedence. The amendment is signed by Peter Hoversten and is effective as of the stated date.

EX-10.38 12 f70198ex10-38.txt AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT 1 EXHIBIT 10.38 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 Peter Hoversten, an individual residing at Cherry Hills Village, 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 19, 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/ PETER HOVERSTEN - ---------------------- Peter Hoversten Dated: February 20, 2001