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These excerpts taken from the HSY 8-K filed Jul 21, 2005. 3. Termination of Employment.Your employment with the Company will terminate on the date specified in the ERP EGRADE Acceptance Form that has been executed by you and an HET member, and, if applicable, approved by the Company (your “Retirement Date”). Until that date, however, you shall perform such job duties as directed by your immediate supervisor and assist the Company in transferring your responsibilities to others within the Company. In exchange for the benefits described in paragraph 4, you promise that you will not seek to be employed, reinstated or re-employed by the Company. If you resign from your position prior to your Retirement Date without the Company’s approval or are otherwise terminated for “Cause” (as defined in the ERP EGRADE) or for failure to satisfy minimum job performance requirements during any probationary period, you will forfeit your rights to all benefits under the ERP EGRADE. 3. Termination of Employment.Your employment with the Company will terminate on the date specified in the EMSP EGRADE Acceptance Form that has been executed by you and the HET member (or CEO, if you are an HET member), and approved by the Company (your “Separation Date”). You must indicate your desired Separation Date, as mutually agreed upon by you and your HET member (or CEO, if you are an HET member), on the EMSP EGRADE Acceptance Form. The Company retains the discretion to reject the desired Separation Date you initially agreed upon with the HET member (or CEO, if applicable) and designate a different Separation Date. If the Company designates a different Separation Date, the Company will indicate the new date on your EMSP EGRADE Acceptance Form and return the form and this Agreement to you for your approval. Your participation in EMSP EGRADE will be effective only if you accept the new Separation Date and return the form and this Agreement (with a new signature and date) to the Company in accordance with the procedures described in paragraph 14, below. If you and the Company cannot mutually agree in writing to the Separation Date, you will not become a participant in EMSP EGRADE. Until your Separation Date, you shall perform such job duties as directed by your immediate supervisor and assist the Company in transferring your responsibilities to others within the Company. In exchange for the benefits described in paragraph 4, you promise that you will not seek to be employed, reinstated or re-employed by the Company. If you resign from your position prior to your Separation Date without the Company’s approval or are otherwise terminated for “Cause” (as defined in the EMSP EGRADE) or for failure to satisfy minimum job performance requirements during any probationary period, you will forfeit your rights to all benefits under EMSP EGRADE. | EXCERPTS ON THIS PAGE:
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