0001193125-09-033670 Sample Contracts

SECOND AMENDMENT TO AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • February 20th, 2009 • Hershey Co • Sugar & confectionery products

WHEREAS, The Hershey Company (the “Company”) has entered into an Amended and Restated Executive Employment Agreement (the “Agreement”) dated as of October 2, 2007 with David J. West (the “Executive”), which has been amended by the First Amendment dated as of February 13, 2008; and

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EXECUTIVE CONFIDENTIALITY AND RESTRICTIVE COVENANT AGREEMENT
Executive Confidentiality and Restrictive Covenant Agreement • February 20th, 2009 • Hershey Co • Sugar & confectionery products • Pennsylvania

THIS EXECUTIVE CONFIDENTIALITY AND RESTRICTIVE COVENANT AGREEMENT (the “Agreement”) is entered into as of , 2009 (the “Effective Date”), between The Hershey Company, a Delaware corporation together with its subsidiaries and affiliates and its and their respective successors and assigns (“Employer” or “Company”), and the undersigned officer of Employer (“Executive”).

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