0000950103-08-000002 Sample Contracts

SEPARATION AGREEMENT AND GENERAL RELEASE OF CLAIMS
Separation Agreement • January 2nd, 2008 • E Trade Financial Corp • Savings institution, federally chartered • New York

This Agreement is between Mitchell H. Caplan (“Employee”) and E*TRADE Financial Corporation (the “Company”) (the “Parties”) and is effective as of the eighth day after it is signed by Employee (the “Effective Date”), provided that Employee has not revoked this Agreement (by written notice as set forth in Section 16 below) prior to that date. The parties hereby agree that Employee’s employment with the Company will terminate effective December 31, 2007 (the “Separation Date”).

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