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0000037748-10-000004 Sample Contracts

MASSEY ENERGY COMPANY Amended and Restated Incentive Award Agreement (Based on Cumulative Earnings Before Taxes)
Incentive Award Agreement • January 6th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT dated as of December 31, 2009, between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”) and [________] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as amended from time to time (the “Plan”), a copy of which is attached. This Agreement amends, restates and replaces that certain Incentive Award Agreement (Based on Cumulative Earnings Before Taxes) dated as of November 9, 2009 between the Company and Participant. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.

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Employment and Change in Control Agreement • January 6th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining
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Employment Agreement • January 6th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware
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Retention and Employment Agreement • January 6th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware