Exhibit 10.1
AGREEMENT TO TERMINATE THE EMPLOYMENT AGREEMENT
BETWEEN
HARLEYSVILLE SAVINGS BANK
AND
XXXXXX XXXXXXXXXXX
This Agreement (the "Agreement") is entered into as of
December 31, 2006 (the "Effective Time") by and among Xxxxxx
Xxxxxxxxxxx (formerly known as Xxxxxx X. Xxxxxxxx) (the
"Executive") and Harleysville Savings Bank (formerly known as
Harleysville Savings Association) (the "Bank"), a Pennsylvania-
charted stock savings bank and wholly owned subsidiary of
Harleysville Savings Financial Corporation (the "Corporation").
RECITALS:
WHEREAS, the Executive is presently an officer of the Bank,
and the Bank desires the Executive's continued active
participation in the business of the Bank;
WHEREAS, the Bank entered into a written agreement on May
1, 1987 with respect to the employment of the Executive (the
"Employment Agreement");
WHEREAS, the Employment Agreement generally requires the
Executive to be a full-time employee of the Bank;
WHEREAS, the Bank and the Executive mutually agree that in
accordance with the Executive's desires to reduce her hours of
employment and to accept a new non-officer position, it is
appropriate to terminate the Employment Agreement; and
WHEREAS, the Executive is willing and has agreed to abide
by and faithfully perform the obligations of a part-time employee
without an Employment Agreement.
NOW THEREFORE, in consideration of the premises and the
mutual agreements herein contained, the parties hereby agree as
follows:
1. Employment Agreement. As of the Effective Time, the
Employment Agreement shall be terminated and the Executive agrees
that she will not be entitled to any rights, payments or benefits
under the Employment Agreement subsequent to the Effective Time.
2. Releases. The Executive, for herself and for her
heirs, successors and assigns, does hereby release completely and
forever discharge the Corporation, the Bank and their successors
from any obligation under the Employment Agreement. This
Agreement shall not release the Corporation or the Bank from any
of the following: (a) obligations to pay to the Executive wages
earned up to the Effective Time; (b) the payment of any of the
Executive's vested benefits, or (c) honoring any of the
Executive's rights under the Bank's benefit plans.
3. General.
(a) Heirs, Successors and Assigns. The terms of this
Agreement shall be binding upon the parties hereto and their
respective heirs, successors and assigns.
(b) Final Agreement. This Agreement represents the entire
understanding of the parties with respect to the subject matter
hereof and supersedes all prior understandings, written or oral.
The terms of this Agreement may be changed, modified or
discharged only by an instrument in writing signed by each of the
parties hereto.
(c) Governing Law. This Agreement shall be construed,
enforced and interpreted in accordance with and governed by the
laws of the Commonwealth of Pennsylvania, without reference to
its principles of conflicts of law, except to the extent that
federal law shall be deemed to preempt such state laws.
(d) Voluntary Action and Waiver. The Executive acknowledges
that by her free and voluntary act of signing below, the
Executive agrees to all of the terms of this Agreement and
intends to be legally bound thereby. The Executive acknowledges
that she has been advised to consult with an attorney prior to
executing this Agreement.
(e) Counterparts. This Agreement may be executed in one or
more counterparts, each of which shall be deemed to be an
original but all of which together shall constitute one and the
same instrument.
[Signature page follows]
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IN WITNESS WHEREOF, the Bank has caused this Agreement to be
executed by its duly authorized officer, and the Executive has
signed this Agreement, effective as of the date first above
written.
WITNESS: EXECUTIVE:
/s/ Xxxxxx X. Xxxxxxxxxxx /s/ Xxxxxx Xxxxxxxxxxx
--------------------------- ------------------------------
Name: Xxxxxx X. Xxxxxxxxxxx Name: Xxxxxx Xxxxxxxxxxx
ATTEST: HARLEYSVILLE SAVINGS BANK
/s/ Xxxxxxx XxXxxx By: /s/ Xxxxxx X. Xxxx
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Name: Xxxxxxx XxXxxx Name: Xxxxxx X. Xxxx
Title: President and Chief Operating Officer
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