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HSY » Topics » 21. Governing Laws.

These excerpts taken from the HSY 8-K filed Jul 21, 2005.

21.   Governing Laws.

        Pennsylvania law applies to the ERP EGRADE and this Agreement except to the extent preempted by federal law. You agree that: (a) any action or proceeding relating to the ERP EGRADE, this Agreement, your employment, or the termination of your employment will only be brought in the federal or state courts, as appropriate, located in the State of Pennsylvania; and (b) any such action or proceeding will be heard without jury. No action relating to the ERP EGRADE or this Agreement shall be brought in court more than two years and 90 days after you have exhausted your administrative remedies under the ERP EGRADE (described in the ERP EGRADE Summary Plan Description). Notwithstanding any provision in this section to the contrary, if you are also a participant in the Company Supplemental Executive Retirement Plan, you shall continue to be bound by and shall comply with the procedures regarding arbitration set forth in the Long Term Incentive Program Participation Agreement, the terms of which are incorporated herein by reference.

21.   Governing Laws.

        Pennsylvania law applies to the EMSP EGRADE and this Agreement except to the extent preempted by federal law. You agree that: (a) any action or proceeding relating to the EMSP EGRADE, this Agreement, your employment, or the termination of your employment will only be brought in the federal or state courts, as appropriate, located in the State of Pennsylvania; and (b) any such action or proceeding will be heard without jury. No action relating to the EMSP EGRADE or this Agreement shall be brought in court more than two years and 90 days after you have exhausted your administrative remedies under the EMSP EGRADE (described in the EMSP EGRADE Summary Plan Description). Notwithstanding any provision in this section to the contrary, if you are also a participant in the Company Supplemental Executive Retirement Plan, you shall continue to be bound by and shall comply with the procedures regarding arbitration set forth in the Long Term Incentive Program Participation Agreement, the terms of which are incorporated herein by reference.

EXCERPTS ON THIS PAGE:

8-K (2 sections)
Jul 21, 2005

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