EXHIBIT 10.1(E)
TERMINATION OF THE BANK EMPLOYMENT AGREEMENT
This TERMINATION OF THE BANK EMPLOYMENT AGREEMENT
("Agreement") is made and entered into as of November 22, 1999 by
and between CFS BANK, a federally chartered savings bank, having an
office at 000 Xxxxxxx Xxxxxx, Xxxxxxxx, Xxx Xxxx 00000 (the "Bank")
and XXXXXX X. XXXXXXX, an individual residing at Xx. 0 Xxxxx Xxxxxx
Xxxx, Xxxx Xxxxxxx, Xxx Xxxx 00000 ("Executive").
W I T N E S S E T H:
WHEREAS, Executive currently serves in the capacity of Chief
Executive Officer for the Bank and for HAVEN BANCORP, INC., the
Bank's parent company (the "Company"), and as Chairman of the Board
of Directors of the Bank and the Company; and
WHEREAS, the Bank and Executive are parties to the Bank Employment
Agreement, dated May 28, 1997 (the "Bank Employment Agreement"),
and the Company and Executive are parties to the Employment
Agreement dated as of November 22, 1999 (the "Company Employment
Agreement"); and
WHEREAS, concurrently herewith, the Bank and the Company are
entering into the Executive Services Agreement (the "Executive
Services Agreement") whereby the Bank and the Company agree, among
other things, to permit Executive to continue serving in his
present capacities for the Bank and its affiliates and for the Bank
to pay the Company for such services; and
WHEREAS, the Bank and Executive desire to terminate the Bank
Employment Agreement and release each other from the obligations
thereunder,
NOW, THEREFORE, in consideration of the foregoing, and for the
promises and mutual covenants and conditions set forth herein, the
receipt and sufficiency of which are hereby acknowledged, the Bank
and Executive hereby agree as follows:
1. Bank Employment Agreement Termination.
The Bank and Executive hereby agree that the Bank Employment
Agreement be terminated and of no further force and effect.
2. Condition Precedent.
This Agreement shall become effective upon the execution by the
Bank and Company of the Executive Services Agreement attached
hereto as Exhibit A.
3. Entire Agreement; Amendment and Modification.
This Agreement represents the parties' entire agreement and
understanding with respect to the matters set forth herein. No
amendment or modification to the terms and conditions of this
Agreement shall be made except by a writing signed by each of the
parties hereto.
4. Counterparts
This Agreement may be executed in any number of counterparts, each
of which, when so executed and delivered shall be an original, but
all of which together shall constitute one and the same instrument.
5. Governing Law.
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York without regard to its
principles of conflicts or choice of laws.
IN WITNESS WHEREOF, this Agreement has been duly executed by the
parties hereto the day and year first above written.
CFS BANK
BY:________________________
Name:
Title:
___________________________
XXXXXX X. XXXXXXX
