AMENDMENT NO. 1 TO THE CONTINUITY AGREEMENT BY AND BETWEEN ROHM AND HAAS COMPANY (THE “COMPANY”) AND (“EXECUTIVE”)
Exhibit 10.04a
AMENDMENT NO. 1 TO THE
WHEREAS, the Executive and the Company are parties to that certain Continuity Agreement, dated
as of July 1, 2001, as amended December 4, 2006 and October 28, 2008 (the “Continuity Agreement”);
and
WHEREAS, the Company and Executive wish to amend the terms of the Continuity Agreement
effective as of January 8, 2009, on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual agreements hereinafter set forth, the parties
hereby agree as follows:
1. Section 8 of the Continuity Agreement is hereby amended by adding the following sentence at
the end thereof:
(d) In the event that the Company or an Employer fails to pay any amount to the
Executive at the time(s) required by this Agreement, the Company or such Employer,
as applicable, shall be required to pay the Executive such amount, plus interest at
the applicable federal rate provided for in Section 7872(f)(2)(A) of the Code on
such amount for the period during which payment of such amount is delayed.
2. A new Section 19 is added to the Continuity Agreement:
19. Entire Agreement. From and after the Effective Date, this Agreement
shall supersede any other employment, severance or change of control agreement
between the parties with respect to the subject matter hereof, provided that nothing
herein shall limit any other rights that the Executive may have under any
compensation or benefits plan, program, policy, agreement or arrangement. In the
event that the Executive experiences a Termination, anything to the contrary in any
non-competition agreement or arrangement (or plan, policy, program, agreement or
arrangement containing a post-employment non-competition or similar covenant or
other restriction) by and between the Executive and the Company (or any of its
affiliates), the Executive shall not be subject to any post-employment
non-competition restrictions or similar restrictions.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date
first set forth above.
| Rohm and Xxxx Company | ||||||||
January 8, 2009
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By: | |||||||
| Name: | ||||||||
| Title: | ||||||||
| January 8, 2009 | ||||||||
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