BE -- June 22, 1998 Mr. Wesley Saia 1420 Escalona Drive Santa Cruz, Ca 95060 Dear Wes: This letter outlines the terms and conditions of your employment as Chief Financial Officer of Be Incorporated and replaces your Employment Agreement dated October 12, 1994. By signing this letter you agree with the terms and conditions of this Agreement and release the Company from any obligations contained in the agreement dated October 12, 1994. EQUITY IN BE INCORPORATED ------------------------- On April 26, 1996 you were granted an Incentive Stock Option to purchase 250,000 shares of common stock. For past services provided to the Company since your hire date of November 7, 1994, these shares are considered fully vested. On March 31, 1998 you were granted an additional Incentive Stock Option to purchase 250,000 shares of common stock of the Company with the terms and conditions as shown in your Incentive Stock Option Agreement dated March 31, 1998. TERMINATION OF EMPLOYMENT ------------------------- If your employment is terminated without cause or resulting from a change in control you will be paid (6) six months salary and the company will provide all company paid benefits for a period of six months from the date of the written notice. If you agree with the terms and conditions of this Agreement, please indicated by signing in the space below. Sincerely, /s/ Jean-Louis Gassee Jean-Louis Gassee Agreed to and accepted by: /s/ Wesley S. Saia ________________________________________________________________________________ President & CEO Be Incorporated (650) 462-4101 (650) 462-4129 Fax 800 El Camino Real, Suite 300 e-mail: email@example.com Menlo Park, California 94025
Source: OneCLE Business Contracts.