0001047469-08-002083 Sample Contracts

WASHINGTON MUTUAL, INC. STOCK OPTION AGREEMENT (3-Year Cliff Vesting with Stock Price Performance Criteria)
Stock Option Agreement • February 29th, 2008 • Washington Mutual, Inc • Savings institution, federally chartered • Washington

Washington Mutual, Inc. (the “Company”), by action of the Board and approval of its shareholders, established the Washington Mutual, Inc. Amended and Restated 2003 Equity Incentive Plan (the “Plan”). The Participant is employed by the Company or a Related Company (or in the case of a Nonqualified Stock Option, the Participant is an employee, director, consultant, agent, advisor or independent contractor of the Company or a Related Company) and the Company desires to encourage the Participant to own Common Stock for the purposes stated in Section 1 of the Plan. In consideration of the foregoing, the parties have entered into this Stock Option Agreement (this “Agreement”) to govern the terms of the Option (as defined below) granted by the Company. Defined terms in the Plan shall have the same meaning in this Agreement, except where the context otherwise requires.

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WASHINGTON MUTUAL, INC. RESTRICTED STOCK AWARD AGREEMENT (3-Year Vesting)
Restricted Stock Award Agreement • February 29th, 2008 • Washington Mutual, Inc • Savings institution, federally chartered • Washington

Washington Mutual, Inc. (the “Company”), by action of the Board and approval of its shareholders established the Washington Mutual, Inc. Amended and Restated 2003 Equity Incentive Plan (the “Plan”). The Participant is employed by the Company or a Related Company and the Company desires to encourage the Participant to own Common Stock for the purposes stated in Section 1 of the Plan. In consideration of the foregoing, the parties have entered into this Restricted Stock Award Agreement (this “Agreement”) to govern the terms of the Restricted Stock Award (as defined below) granted by the Company. Defined terms in the Plan shall have the same meaning in this Agreement, except where the context otherwise requires.

EXECUTIVE SEVERANCE AND MUTUAL RELEASE AGREEMENT
Executive Severance and Mutual Release Agreement • February 29th, 2008 • Washington Mutual, Inc • Savings institution, federally chartered • Washington

This Executive Severance and Mutual Release Agreement (“Agreement”) is entered between Fay Chapman (“Executive”) and Washington Mutual, Inc. (“Employer”) and is in consideration of the mutual undertakings set forth below.

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