0001181431-06-059945 Sample Contracts

October 24, 2006 Dear Jerry:
Nymex Holdings Inc • October 27th, 2006 • Security & commodity brokers, dealers, exchanges & services

This letter (the "Agreement and Release") confirms the termination of your employment as a Chief Operating Officer and Chief Financial Officer of the New York Mercantile Exchange, Inc. (the "Company") effective October 24, 2006 ("Termination Date"). The various benefits and options available to you with respect to the termination of your employment are as follows:

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CONSULTING SERVICES AGREEMENT
Consulting Services Agreement • October 27th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

WHEREAS, this Consulting Services Agreement ("Agreement") is entered into as of October 25, 2006 ("Effective Date") between Jerry Bailey ("Consultant"), an individual having his principal place of business at 101 Ironwood Ct., Middletown, New Jersey 07748 and the New York Mercantile Exchange, Inc. ("NYMEX"), a Delaware corporation having its principal place of business at One North End Avenue, New York, NY 10282 (Consultant and NYMEX are collectively referred to herein as the "Parties" and individually as a "Party").

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