0000037748-09-000005 Sample Contracts

CHANGE IN CONTROL SEVERANCE AGREEMENT AS AMENDED AND RESTATED
Change in Control Severance Agreement • March 2nd, 2009 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (this “Agreement”) is made on December 1, 2008 between Massey Energy Company, a Delaware corporation (the “Company”), and _________ (the “Executive”) and amends, restates and supercedes the Change in Control Severance Agreement between the Company and the Executive (the “Original Agreement”), effective as of ___________ (the “Effective Date”).

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CHANGE IN CONTROL SEVERANCE AGREEMENT AS AMENDED AND RESTATED
Control Severance Agreement • March 2nd, 2009 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (this “Agreement”) is made on December 1, 2008 between Massey Energy Company, a Delaware corporation (the “Company”), and ______ (the “Executive”) and amends, restates and supercedes the Change in Control Severance Agreement between the Company and the Executive (the “Original Agreement”), effective as of ______ (the “Effective Date”).

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