0001193125-07-019358 Sample Contracts

TWO-YEAR CHANGE OF CONTROL AGREEMENT
Change of Control Agreement • February 2nd, 2007 • CMS Bancorp, Inc. • Savings institutions, not federally chartered • New York

This CHANGE OF CONTROL AGREEMENT (the “Agreement”) is made and entered into as of , 2007 by and among COMMUNITY MUTUAL SAVINGS BANK, a savings bank having an office at 123 Main Street, White Plains, New York 10601 (the “Bank”), CMS BANCORP, INC., a Delaware corporation having an office at 123 Main Street, White Plains, New York 10601 (the “Company”) and [INSERT NAME] (the “Officer”).

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AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • February 2nd, 2007 • CMS Bancorp, Inc. • Savings institutions, not federally chartered • New York

This EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into effective as of May 1, 2006, by and between COMMUNITY MUTUAL SAVINGS BANK, a New York mutual savings bank having its executive offices at 123 Main Street, White Plains, New York 10601 (“Bank”) and JOHN RITACCO (“Executive”).

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