REVISED NEGOTIATED EMPLOYMENT AGREEMENTAND GENERAL RELEASE
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This Revised Negotiated Employment Agreement and General Release (referred
to as "Revised Negotiated Employment Agreement") is entered into this ____ day
of ________________, 2000, by and between Xxxxxx X. Xxxxxx, (referred to as "XX.
XXXXXX") and Eveready Battery Company, Inc. (as defined in Paragraph 22 and
referred to as "COMPANY").
WHEREAS, XX. XXXXXX is a long-term employee of the COMPANY in a key
position; and
WHEREAS, COMPANY has decided to make management changes in response to
business developments, but would benefit from XX. XXXXXX'x assistance in
transitioning to these changes; and
WHEREAS, XX. XXXXXX and COMPANY are amicably limiting and concluding their
employment relationship and wish to enter into this Agreement;
NOW THEREFORE, in consideration of the mutual promises contained in this
Revised Negotiated Employment Agreement, the parties agree as follows:
1. Employment Terms, subject to Paragraphs 4, 5 and 6 below:
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a. XX. XXXXXX shall execute a written resignation from his position as
an officer of Energizer Holdings, Inc. and also as an officer and/or director of
Eveready Battery Company, Inc. and any affiliates or subsidiaries of Energizer
Holdings, Inc. effective upon execution of this Revised Negotiated Agreement.
This resignation letter shall be in line with COMPANY's specifications and
submitted to the Chief Executive Officer of COMPANY upon execution of this
Revised Negotiated Employment Agreement.
b. Upon the effective date of the resignation set out in Paragraph 1(a)
above, through January 1, 2003, XX. XXXXXX will be employed by COMPANY in the
position of Vice President, Special Projects, for Eveready Battery Company, Inc.
XX. XXXXXX will be paid the base monthly salary he earned as of October 1, 2000.
XX. XXXXXX will perform those duties or special projects that are specifically
requested by the Chief Executive Officer of the Company or his designee. XX.
XXXXXX shall make arrangements to be available for questions and/or special
projects, as assigned at COMPANY's discretion, on business days, except
scheduled COMPANY holidays and the periods of November 22, 2000 through December
31, 2000; January 2, 2001 through February 6, 2001; and January 2, 2002 through
February 6, 2002, which time periods shall constitute and be deemed XX. XXXXXX'x
remaining 2000 paid time off allotment and the full annual allotment of paid
time off (PTO) for 2001 and 2002. XX. XXXXXX may perform such duties and
projects from his residence or any other location, except when XX. XXXXXX and
COMPANY mutually agree that to do so would negatively impact COMPANY's
operations.
c. XX. XXXXXX agrees satisfactorily to perform his duties as assigned
without disruption to COMPANY operations or injury to COMPANY's business
operations or reputation.
d. XX. XXXXXX will receive a bonus payment of one hundred
twenty-five thousand ($125,000), less legally required deductions, for Fiscal
Year 2001 and a bonus payment of one hundred twenty-five thousand ($125,000),
less legally required deductions, for Fiscal Year 2002. XX. XXXXXX will not be
eligible for or receive a bonus payment for Fiscal Year 2003. XX. XXXXXX will
receive the payments set out in this subparagraph on November 30, 2001 and
November 30, 2002. This Revised Negotiated Agreement will not be deemed to
prohibit or affect Xx. XXXXXX'x eligibility for or receipt of a bonus payment,
pursuant to the COMPANY's Incentive Pay Program, for Fiscal Year 2000.
e. The terms of the Retention Agreement entered into by COMPANY with XX.
XXXXXX on September 17, 1999, will remain in full effect and nothing in this
Revised Negotiated Employment Agreement will be deemed to affect XX. XXXXXX'x
eligibility for any payment pursuant to that Retention Agreement.
f. Effective January 4, 2002, XX. XXXXXX no longer will be required to be
available for work or to perform any further duties for COMPANY, except as may
be specifically requested by the Chief Executive Officer of COMPANY, so that XX.
XXXXXX may begin to seek opportunities for employment elsewhere.
g. Effective January 1, 2003, XX. XXXXXX'x employment will be terminated, he
will be removed from the active payroll and may, if he so chooses, transfer to
retiree status at that time.
h. XX. XXXXXX may retain possession of the COMPANY-provided cellular phone
in his possession as of October 1, 2000. XX. XXXXXX will switch the mailing
address for the xxxx to his home and, as needed, will submit an expense report
to COMPANY for all charges related to COMPANY's business. The COMPANY agrees
that the cellular telephone number shall be transferred to XX. XXXXXX and the
parties agree to execute any documents required to complete such transfer.
i. No later than January 3, 2001, XX. XXXXXX may elect to keep the
office furniture assigned to him as of October 1, 2000. It is understood and
agreed that the fair market value of said furnishings shall be reflected in XX.
XXXXXX'x W-2 as income to XX. XXXXXX and that XX. XXXXXX shall be solely
responsible for arranging to have such furniture moved to whatever location is
selected by XX. XXXXXX.
j. Benefit Plan Participation.
i. While he is on the payroll, XX. XXXXXX shall continue to be able to
participate in the benefit plans offered to other salaried employees of COMPANY
and to other executives at XX. XXXXXX'x job grade and title. It is understood
and agreed that nothing in this paragraph shall be construed to prevent COMPANY,
its affiliates or its subsidiaries from terminating, modifying or reducing any
of the benefit plans or incentive programs
offered to employees of COMPANY during the course of this Revised Negotiated
Employment Agreement, as long as such action is not directed solely at XX.
XXXXXX.
ii. XX. XXXXXX is not entitled to and will not receive any other payments,
including, but not limited to, severance, incentive or termination payments,
from COMPANY or its affiliates or subsidiaries and will be deemed ineligible to
participate in any such programs except as specifically identified in this
Agreement.
k. Within two weeks after his removal from the payroll, XX. XXXXXX will be
paid for any unused, banked, or carryover paid time off (PTO) days, in
accordance with Eveready policy in effect at the time. XX. XXXXXX will not earn
or be entitled to any paid time off otherwise allocated on January 1, 2003, for
time on the payroll in 2002.
2. Deferred Compensation, Stock Awards, Restricted Stock Equivalent
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Award:
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a. The terms of COMPANY's Deferred Compensation Plan will apply to XX.
XXXXXX'x termination of employment and retirement in 2003, or earlier date
pursuant to Paragraphs 4, 5 or 6 below, in accordance with that status as of his
payroll removal date. It is understood that nothing in this paragraph shall be
construed to prevent COMPANY from terminating, modifying or reducing the terms
of its Deferred Compensation Plan during the course of this Revised Negotiated
Employment Agreement, as long as such action is not directed solely at XX.
XXXXXX.
b. XX. XXXXXX previously was granted certain non-qualified stock
options. The terms of those stock option agreements will continue to apply, in
accordance with XX. XXXXXX'x status as of his payroll removal date.
c. COMPANY and XX. XXXXXX hereby mutually agree that the
Restricted Stock Equivalent Award Agreement previously entered into on May 8,
2000, between COMPANY and XX. XXXXXX is, upon mutual execution of this
Negotiated Employment Agreement, void and of no further effect, that XX. XXXXXX
shall have no further rights under that Restricted Stock Equivalent Award
Agreement, and that XX. XXXXXX'x deferral into COMPANY's Deferred Compensation
Plan of his payment pursuant to the Retention Agreement entered into by COMPANY
with XX. XXXXXX on September 17, 1999, shall be subject solely to the terms of
COMPANY's Deferred Compensation Plan, specifically including, but not limited
to, those provision establishing and governing matching contributions by
COMPANY. The parties acknowledge that the matching contribution rate under the
terms of the Deferred Compensation Plan as of the execution of this Revised
Negotiated Employment Agreement is 25% of eligible deferred compensation,
subject to all other plan provisions, and also acknowledge that the COMPANY may
amend this or any other provision of the Deferred Compensation Plan from time to
time, in its business discretion and in accordance with plan procedures.
3. Pension Benefit:
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XX. XXXXXX'x retirement benefits under the Energizer Holdings, Inc.
Retirement Plan and the Supplemental Retirement Plan, or any successor plans,
will be calculated in accordance with the terms of each plan taking into account
all relevant terms of such plans including, but not limited to, reduction
factors for early retirement and social security offsets. It is understood that
nothing in this paragraph shall be construed to prevent COMPANY or its
affiliates and subsidiaries from reducing the rate of future accruals or
terminating or modifying the terms of such retirement plans or successor plans,
as long as such action is not directed solely at XX. XXXXXX.
4. XX. XXXXXX and COMPANY understand and agree that, if XX. XXXXXX
resigns or obtains and begins employment with another company on or prior to
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January 1, 2003, COMPANY will terminate XX. XXXXXX immediately by removing XX.
XXXXXX from COMPANY's payroll. Upon termination, XX. XXXXXX'x benefits as an
active employee will cease. Any remaining salary continuation through January
1, 2003, and bonus payment provided for in Paragraph 1(d), will be paid to XX.
XXXXXX in a lump sum, less legally required deductions, within two weeks of XX.
XXXXXX'x last day on the payroll. Part-time employment or self-employment or
occasional consultation shall not constitute beginning employment under this
Paragraph, subject to the confidentiality and non-competition obligations set
out in Paragraphs 8, 9, 10 and 11 below.
5. XX. XXXXXX and COMPANY understand and agree that, if XX. XXXXXX
obtains and begins employment within COMPANY or any of its affiliates or
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subsidiaries prior to January 1, 2003 in another position, this Revised
Negotiated Employment Agreement will become null and void and, unless a new
employment contract is executed in writing, COMPANY no longer will be obligated
in any way to provide employment XX. XXXXXX on its payroll for any specific
amount of time in the future or to pay the bonus payments set out in Paragraph
1(d) or any bonus payment.
6. In the event of XX. XXXXXX'x death prior to January 1, 2003, the COMPANY
agrees to the following:
a. to pay a lump sum payment equivalent to the amount of any remaining
salary continuation through January 1, 2003, pursuant to Paragraph 1(b, f, and
g) above, payable to XX. XXXXXX'x designated beneficiary, or in lieu of
designated beneficiary, to XX. Xxxxxx'x estate within thirty days of
notification of XX. Xxxxxx'x death.
b. to pay the bonus payments provided for in paragraph 1(d) above,
payable to XX. XXXXXX'x designated beneficiary, or in lieu of designated
beneficiary, to XX. XXXXXX'x estate within thirty days of notification of XX.
XXXXXX'x death.
7. Obligation of XX. XXXXXX:
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a. XX. XXXXXX shall notify COMPANY within two days of being offered and
accepting another position, if XX. XXXXXX accepts a position to commence before
January 1, 2003;
b. XX. XXXXXX waives all claims to future employment with COMPANY
except as provided in this Revised Negotiated Employment Agreement. XX. XXXXXX
will not seek re-employment with COMPANY and, if a third party identifies XX.
XXXXXX as a candidate, COMPANY may reject such application.
c. XX. XXXXXX shall cooperate with and assist COMPANY whenever
reasonably possible, so that all of his duties, responsibilities and pending
matters can be transferred in an orderly way;
d. XX. XXXXXX shall provide COMPANY with full cooperation and
assistance, upon COMPANY's request, including testifying at all trials, when XX.
XXXXXX might have relevant information. COMPANY shall pay XX. XXXXXX, at an
hourly rate derived from XX. XXXXXX'x base monthly salary during the term of
this Revised Negotiated Employment Agreement, for time expended in preparation
of trial, including but not limited to review of records and files, attendance
at and review of depositions, attendance at conferences with counsel, attendance
at trial and assistance with post trial and appeal issues and matters and for
any reasonable and necessary expenses because of his requested cooperation with
and assistance to COMPANY.
8. Confidentiality of Information:
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XX. XXXXXX acknowledges that the information, observations and data
relating to the formulation, processing, manufacturing, sale and marketing of
COMPANY's battery and battery related products obtained by XX. XXXXXX during the
course of XX. XXXXXX'x employment with COMPANY, its subsidiaries and affiliated
companies and its predecessors (the "Confidential Information") are confidential
and the exclusive property of COMPANY/or such companies. XX. XXXXXX agrees that
he will not disclose to any unauthorized persons or use for XX. XXXXXX'x own
account or for the benefit of any third party (other than COMPANY) any of such
"Information" without COMPANY's prior written consent, unless and to the extent
that such "Confidential Information" became generally known to and available for
use by the public other than as a result of XX. XXXXXX'x acts or omissions to
act. Such "Confidential Information", observations and data shall include, but
not be limited to, COMPANY's and its affiliates current and planned information
systems, the names, addresses or particular desires or needs of its customers,
the bounds of its markets, the prices charged for its services or products, its
market share, marketing strategies and promotional efforts in any market,
information concerning product development, manufacturing processes, research
and development projects, formulas, inventions and compilations of information,
records or specifications, information concerning future product or market
developments, financial information, information regarding suppliers and costs
of raw materials and other supplies, financing programs, overhead distribution
and other expenses, or conversion costs. XX. XXXXXX understands and agrees that
such "Confidential Information" is important, material and confidential, and
that disclosure would gravely affect the successful conduct of COMPANY's and its
affiliates' businesses. The obligation to protect confidential Information is
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on-going and does not expire upon the termination of the Parties' contractual
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relationship.
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9. Subject to Paragraph 1(h and i) above, by January 2, 2002, or
mutually agreed earlier date, XX. XXXXXX warrants and represents that he will
return and deliver to COMPANY's designated representative all memoranda, notes,
plans, programs, records, reports, and other documentation (and copies thereof)
relating to the business of COMPANY, its affiliates, and its predecessors which
XX. XXXXXX possesses or has under his possession now or in the future,
including, but not limited to, computer hardware, software, data and disks,
draft books, memoranda, notes, plans, programs, records, reports, and other
documentation (and copies thereof) relating to COMPANY, a Company provided car,
office equipment and supplies, credit cards, cash advances and, if applicable,
any outstanding final expense report.
10. Non-Interference and Related Agreements:
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For the duration of this Revised Negotiated Employment Agreement and a
period of twelve (12) months after XX. XXXXXX is removed from COMPANY's payroll,
XX. XXXXXX shall not (i) induce or attempt to induce any employee of COMPANY to
leave the employ of COMPANY or in any way interfere with the relationship
between COMPANY and its employees or (ii) induce or attempt to induce any
customer, supplier, distributor, broker or other business relation of COMPANY to
cease doing business with the COMPANY, or in any way interfere with the
relationship between any customer, supplier, distributor, broker or other
business relation and COMPANY.
11. Non Competition
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a. For the duration of this Revised Negotiated Employment Agreement and a
period of twelve (12) months after XX. XXXXXX is removed from COMPANY's payroll,
XX. XXXXXX will not compete against COMPANY in COMPANY business.
b. Definition of "COMPANY Business"
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For purposes of this Revised Negotiated Employment Agreement, the
term "COMPANY Business" shall mean any company that owns or operates a business
or facility that engages in any of the following business activities: (i)
manufacturing, marketing, distributing and/or consulting on and or operating a
facility for, the manufacturing, processing, marketing or distributing of
batteries, lighting products, rechargeable batteries and related battery and
lighting products; (ii) purchasing or producing materials for use as, and
marketing and distributing and/or consulting on the purchasing, producing or
marketing or distributing of such products or materials; and (iii) marketing and
distributing, and/or consulting regarding the marketing or distributing, of such
related products or materials. This obligation extends to the products and/or
methods that presently are used, or were used, or are or were under development
or consideration, whether or not completed, for use in COMPANY Business as of
the date XX. XXXXXX'x employment ends for any reason. XX.
XXXXXX understands that this definition applies only to this Revised Negotiated
Employment Agreement. Any other restrictions on competition in other plan,
policies or arrangements, including, but not limited to, those restrictions in
the Fixed Benefit Option of the Deferred Compensation Plan for Key Employees,
shall continue to apply as they exist now or may be modified by COMPANY in the
future, as long as such modifications are not directed solely at XX. XXXXXX.
c. For the purpose of this Revised Negotiated Employment Agreement, to
"compete" means to accept or begin employment with, advise, finance, own
(partially or in whole), consult with, or accept an assignment through an
employer with any third party worldwide in a position involving or relating to
COMPANY Business.
d. This Revised Negotiated Employment Agreement does not prevent XX. XXXXXX
from buying or selling stock in any company that is publicly listed and traded
in any stock exchange or the over-the-counter market. However, XX. XXXXXX may
not use Confidential Information to engage in, or induce others to engage in,
xxxxxxx xxxxxxx as prohibited by federal and state securities laws.
12. Release and Waiver:
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The promises and payments contained in this Agreement, including
Paragraphs 1 (except 1(k)), 4, and 6 above, are in addition to any wages to
which XX. XXXXXX already is entitled because of his work for COMPANY. XX.
XXXXXX agrees to accept the promises and terms in these Paragraphs in
consideration for the settlement, waiver and release and discharge of any and
all claims or actions against COMPANY arising under any federal, state, or local
statute, law, or regulation pertaining to employment discrimination on the basis
of age, religion, disability, marital status, or any other reason established by
law, including any claim of actual or constructive wrongful discharge.
13. Promise Not to Xxx:
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a. XX. XXXXXX makes the following promises not to xxx:
i. XX. XXXXXX releases, settles and forever discharges
COMPANY, including its agents and Employees, from any and all claims, causes of
action, rights, demands, debts, or damages of whatever nature, whether or not
XX. XXXXXX currently knows of them, which might have arisen from XX. XXXXXX'x
employment with and retirement from COMPANY and which may be brought by XX.
XXXXXX or another person or agency on XX. XXXXXX'x behalf. This includes, but
is not limited to, any claim XX. XXXXXX might raise under contract or tort law
for actual or constructive wrongful discharge, except those claims which the
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parties specifically have excluded from this release and identified in Paragraph
15 below and except for a breach by COMPANY of a material provision of this
Agreement.
ii XX. XXXXXX expressly releases COMPANY from any and all
legal liability and waives all claims, demands, or causes of action which XX.
XXXXXX, or any person or agency acting on XX. XXXXXX'x behalf, may have against
COMPANY, its agents, representatives, and employees under all federal, state,
and/or local laws regulating employment, including but not limited to, all
discrimination claims under the Civil Rights Act of 1964, as amended, the Age
Discrimination in Employment Act, the Americans with Disabilities Act, Civil
Rights Act known as 42 USC 1981, the Handicap Discrimination Act, the Missouri
Human Rights Act, as amended, Section 213.010 et seq., the Missouri Service
Letter Statute, as amended, Section 290.140 X.X.Xx., the Family and Medical
Leave Act of 1994, and the Older Worker Benefit Protection Act.
b. The COMPANY releases, settles, and forever discharges XX. XXXXXX from any
and all claims, causes of actions, rights demands, debts, or damages of whatever
nature, whether or not COMPANY currently knows them, which might have arisen
from XX. XXXXXX'x actions or omissions within the scope of his duties during his
employment with the COMPANY and retirement from COMPANY and which may be brought
by the COMPANY or another person or agency on the COMPANY's behalf. This
includes, but is not limited to, any claim COMPANY might raise under contract or
tort law and also includes any claims arising under federal, state, and/or local
laws regulating employment.
14. Penalty for Violation:
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In the event that XX. XXXXXX brings a cause of action against COMPANY
in violation of Paragraph 17, 10, 12, or 13 above, XX. XXXXXX understands and
agrees to repay to COMPANY with interest the value of the salary continuation
and benefits paid to him under Paragraph 1 (except 1(k)) of this Revised
Negotiated Employment Agreement which are paid to XX. XXXXXX as consideration
for the promises made by XX. XXXXXX in this Agreement as well as the costs of
any attorney fees to recover such.
15. Excluded Claims:
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This Agreement shall not affect XX. XXXXXX'x right to raise any claims
based on any Social Security, or Workers' Compensation laws, or based on the
terms in effect at the time the claim is raised of the Energizer Holdings, Inc.
Retirement Plan, Supplemental Retirement Plan, Deferred Compensation Plan,
Savings Investment Plan, Executive Savings Investment Plan, Executive Life and
Health Plans, retiree benefits under the Energizer Medical Plan, and any and all
other executive or employee benefit plans or programs through which he may be
legally entitled to benefits as a result of his employment with COMPANY or
subsequent retirement.
16. Benefit Earnings:
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It is understood and agreed that only the salary continuation and payments
identified in Paragraphs 1(b), (d), (e), (f) and (k) will be considered benefit
earnings for applicable benefit plans maintained by COMPANY. Any other monies
paid to XX. XXXXXX pursuant to this Revised Negotiated Employment Agreement
shall not constitute earnings for benefit plan purposes.
17. Confidentiality:
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XX. XXXXXX agrees not to talk about, write about, or otherwise
disclose the existence of this Revised Negotiated Employment Agreement, the
terms of this Revised Negotiated Employment Agreement, or any fact concerning
its negotiation, execution, or implementation to any person, firm, or
corporation, other than to XX. XXXXXX'x spouse, financial advisor or attorney,
unless XX. XXXXXX is required to do so by federal, state, or local law, or by a
court of competent jurisdiction. If XX. XXXXXX discloses the terms of this
Revised Negotiated Employment Agreement to XX. XXXXXX'x spouse, financial
advisor or attorney, XX. XXXXXX shall advise that confidentiality is an
essential part of this Revised Negotiated Employment Agreement and advise each
that they are bound by the confidentiality clause. XX. XXXXXX understands that
COMPANY will only disclose the terms of this Revised Negotiated Employment
Agreement if it reasonably concludes that it is legally bound to do so.
18. Full Revised Negotiated Employment Agreement:
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This Revised Negotiated Employment Agreement is intended to finally
and fully define and conclude the employment relationship between XX. XXXXXX and
COMPANY and may be amended only by an agreement in writing signed by the parties
hereto. This Revised Negotiated Employment Agreement shall not be interpreted
as an admission by COMPANY, its affiliates or its subsidiaries or XX. XXXXXX of
any wrongdoing or any violation of federal, state or local law, regulation, or
ordinance. The COMPANY specifically denies that it, or its agents, supervisors,
representatives, or employees of COMPANY, its affiliates or subsidiaries, have
ever committed any wrongdoing whatsoever against XX. XXXXXX.
19. Effect in the Event of Unenforceability:
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If, at the time of enforcement of any of the provisions of this
Revised Negotiated Employment Agreement, but particularly Paragraphs 8, 9, 10,
and 11 above, a court holds that the restrictions stated herein are unreasonable
under the circumstances then existing, the parties agree that the maximum
period, scope or geographical area reasonable under the circumstances will be
substituted for the stated period, scope or area.
20. Severability:
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In the event that any provision shall be held to be invalid or
unenforceable for any reason whatsoever by a court of competent jurisdiction it
is agreed such invalidity or unenforceability shall not affect any other
provision of this Revised Negotiated Employment Agreement and the remaining
covenants, restrictions and provisions hereof shall remain in full force and
effect, and any court of competent jurisdiction may so modify the objectionable
provision as to make it valid, reasonable and enforceable.
21. Governing Law:
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This Revised Negotiated Employment Agreement will be governed by the
internal law of the State of Missouri and not the law of conflicts.
22. Definition of Company:
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For purposes of this Revised Negotiated Employment Agreement,
references to COMPANY shall include all affiliates, subsidiaries, and parent
holding companies of Eveready Battery Company and also shall be deemed to
include all of the officers, directors, agents, and employees of those business
entities.
23. Voluntary Nature of Revised Negotiated Employment Agreement:
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XX. XXXXXX expressly acknowledges that he understands all the terms
and effects of this Revised Negotiated Employment Agreement and is entering
voluntarily into this Revised Negotiated Employment Agreement. XX. XXXXXX
expressly acknowledges that the COMPANY has given him at least twenty-one (21)
days to consider this Employment Agreement as originally presented and that the
COMPANY also has given him the opportunity to discuss all aspects of this
Revised Negotiated Employment Agreement with an attorney before signing this
Revised Negotiated Employment Agreement. XX. XXXXXX states that he has
discussed this Revised Negotiated Employment Agreement or, in the alternative,
has freely elected to waive any remaining part of the twenty-one (21) calendar
days and any further opportunity to discuss this Revised Negotiated Employment
Agreement with an attorney before signing it.
24. Right of Revocation:
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XX. XXXXXX may revoke his acceptance within seven (7) calendar days
after signing this Revised Negotiated Employment Agreement. XX. XXXXXX'x notice
of revocation must be given to the Vice President, Human Resources, of the
COMPANY in writing within seven (7) calendar days after signing this Revised
Negotiated Employment Agreement in order to be valid and effective. If XX.
XXXXXX does revoke this Revised Negotiated Employment Agreement, neither XX.
XXXXXX nor COMPANY will be required to satisfy any of the terms of this Revised
Negotiated Employment Agreement. If XX. XXXXXX has not revoked his acceptance
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within seven (7) calendar days, this Revised Negotiated Employment Agreement's
effectiveness will become final.
EVEREADY BATTERY COMPANY, INC.
By:
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Xxxxx X. Xxxxxx
Vice President, Human Resources
Eveready Battery Company, Inc.
--------------------------------- Signed this _________ day of
Xxxxxx X. Xxxxxx ___________________, 2000.
Signed this _____ day of _____, 2000.
Witness:
Dated:
