0001104659-07-077433 Sample Contracts

Cap/Floor Collar Transaction
Cheesecake Factory Inc • October 26th, 2007 • Retail-eating places

This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement dated as of 28 March 2007, as amended and supplemented from time to time (the “Agreement”), between JPMORGAN CHASE BANK, N.A. (“JPMorgan”) and THE CHEESECAKE FACTORY (the “Counterparty”). All provisions contained in the Agreement govern this Confirmation except as expressly modified below.

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EMPLOYMENT AGREEMENT
Employment Agreement • October 26th, 2007 • Cheesecake Factory Inc • Retail-eating places • California

This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into this 6th day of September, 2007, between THE CHEESECAKE FACTORY INCORPORATED, a Delaware corporation (the “Company”) and Russell Bendel (the “Executive”).

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