0001193125-10-275690 Sample Contracts

Re: Retirement Agreement
Retirement Agreement • December 7th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

This letter agreement (“Agreement”) sets forth the complete terms under which you will retire as a director, officer and employee of Massey Energy Company (the “Company”) and any and all of its subsidiaries or affiliates for whom you are a director, officer or employee as of the date hereof.

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AMENDMENT TO EMPLOYMENT AND CHANGE IN CONTROL AGREEMENT
Employment and Change in Control Agreement • December 7th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining

THIS AMENDMENT TO EMPLOYMENT AND CHANGE IN CONTROL AGREEMENT (this “Amendment”), effective as of December 3, 2010, is made between MASSEY ENERGY COMPANY, a Delaware corporation (the “Company”), and BAXTER F. PHILLIPS, JR. (the “Executive”).

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