EXHIBIT 10.59
FIRST AMENDMENT TO
EMPLOYMENT SEPARATION
AND
GENERAL RELEASE
AGREEMENT
THIS FIRST AMENDMENT (“First
Amendment”) effective as of December 14, 2005 (the
“Effective Date”), to the Employment Separation and
General Release Agreement dated June 30, 2005, is entered into
by and between MSC.Software Corporation , a Delaware
corporation (“MSC”) and Kenneth D. Blakely, an
individual (“Blakely”).
WHEREAS, Blakely was previously
employed as the Vice President of Special Projects for
MSC;
WHEREAS, Blakely and MSC mutually
agreed to terminate Blakely’s employment relationship with
MSC pursuant to an Employment Separation and General Release
Agreement dated June 30, 2005 (the “Separation
Agreement”); and
WHEREAS, MSC and Blakely thereafter
entered into that certain Consulting Agreement dated June 30,
2005 for the purpose of Blakely rendering consulting services from
time to time to MSC (the “Consulting Agreement”);
and
WHEREAS, MSC and Blakely have
amended the Consulting Agreement in order to extend the Consulting
Term as that term is defined in the Agreement, from
December 31, 2005 through and including March 31,
2006;
WHEREAS, as a result of extending
the Consulting Term, the parties find it necessary to also amend
Section XI of the Separation Agreement to remove reference to any
material breach by Blakely relative to the Consulting Agreement
beyond December 31, 2005;
NOW, THEREFORE, in consideration of
the covenants contained herein, the above recitals and other good
and
