0000950123-09-020474 Sample Contracts

CONFIDENTIAL - HAND-DELIVERED June 25, 2009 John S. Millet 55 Indian Pipe Drive Wynantskill, NY 12198 Dear John:
Solicitation and Non-Competition Agreement • July 7th, 2009 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts

Berkshire Insurance Group, Inc. (the “Company”) is terminating your employment today. However, the Company desires to resolve any and all issues relating to the conclusion of your employment amicably and on mutually satisfactory terms. To that end, the Company is offering you a separation package in accordance with the terms of this Letter Agreement. Upon your signature, this Letter Agreement shall constitute the agreement between you and the Company on the terms of your separation from employment as follows:

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NON-SOLICITATION AND NON-COMPETITION AGREEMENT
Non-Solicitation and Non-Competition Agreement • July 7th, 2009 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts

Non-Solicitation and Non-Competition Agreement (this “Agreement”) dated as of June 30, 2009 between BERKSHIIRE INSURANCE GROUP, INC., a Massachusetts corporation with a principal place of business located in Pittsfield, Massachusetts and JOHN S. MILLET of Wynantskill, NY (“Millet”).

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