POTASH CORP OF SASKATCHEWAN INC 10-K 2009
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POTASH CORPORATION OF SASKATCHEWAN INC.
AMENDMENT TO THE AGREEMENT
WHEREAS, the Potash Corporation of Saskatchewan Inc., a corporation organized under the laws of Canada (the Corporation), entered into an agreement (the Agreement) that was most recently amended and restated as of August 2, 1996 and subsequently amended on May 17, 2000 with Garth W. Moore of the City of Saskatoon, in the province of Saskatchewan, an executive of the Corporation (the Executive), for the provision by the Corporation to the Executive (or, in the event of the Executives death, to the Executives designated beneficiary) of a supplemental retirement benefit;
WHEREAS, the Corporation and the Executive now desire to amend the Agreement to incorporate a new formula for computing the Executives benefit under the Agreement with respect to services performed on and after July 1, 2009;
NOW, THEREFORE, the Agreement is hereby amended, effective as of July 1, 2009, as follows (the Amendment):
1. The second sentence of paragraph 1 of the Agreement (the definition of Earnings) is hereby amended in its entirety to read as follows (taking into account the provisions of this Amendment set forth below):
The term Earnings shall mean the Executives annual base pay plus 100% of all bonuses paid or payable to the Executive in a calendar year pursuant to the Corporations annual short-term incentive plan or any similar plan substituted therefor; provided, however, that for purposes of section (b)(ii) of paragraph 4 of this Agreement, the bonus amount taken into account in calculating Earnings shall not exceed the Executives annual base pay on which such bonus was based pursuant to the terms of the Corporations annual short-term incentive plan.
2. Sections (a) and (b) of paragraph 4 of the Agreement are hereby amended in their entirety to read as follows:
3. In all other respects the Agreement remains unchanged.
IN WITNESS WHEREOF the Corporation has executed this Amendment by its duly authorized officers on its behalf and the Executive has executed this Amendment 23 day of February, 2009.