EXHIBIT 10.2(e)
AGREEMENT
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WHEREAS, Xxxxx Xxxxxxxx ("Executive") and The Bon-Ton Stores, Inc.
("Bon-Ton") have entered into an Employment Contract dated June 26, 2003, as
amended, with term running until January 29, 2005 (the "Employment Contract");
and
WHEREAS, Executive wishes to terminate his employment with Bon-Ton and
Bon-Ton is agreeable to Executive terminating employment; and
WHEREAS, The Warnaco Group, Inc. ("Warnaco") has offered Executive
employment subject to Executive being permitted to end his Employment Contract.
NOW, THEREFORE, be it AGREED by and between Bon-Ton and Executive:
1. Effective May 7, 2004 (the "Termination Date") Executive and Bon-Ton
agree that Executive shall terminate his employment and Employment Contract with
Bon-Ton.
2. Bon-Ton shall pay the Executive all compensation and benefits due and
payable to Executive as of the Termination Date pursuant to Paragraph 12(c) of
the Employment Contract (the "Accrued Obligations").
3. Bon-Ton shall have no continuing obligation to Executive under the
Employment Contract other than paying the Accrued Obligations (and other than
the right to indemnification and coverage under directors and officers liability
insurance), and Executive shall have no continuing obligations to Bon-Ton except
the Company Property and Non-Competition and Confidentiality obligations under
Paragraphs 13 and 14 of the Employment Contract.
4. Executive's termination of employment with Bon-Ton shall not be
deemed to be a breach of the Employment Contract.
IN WITNESS WHEREOF, Executive and Bon-Ton have executed this Agreement
this 27th day of April, 2004.
THE BON-TON STORES, INC.
By: /s/ M. Xxxxxx Xxxxxxxxxx
EXECUTIVE
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx