Executive Retirement Agreement Sample Contracts

Crown Holdings – SENIOR EXECUTIVE RETIREMENT AGREEMENT Background (April 28th, 2017)

Crown Holdings, Inc. maintains the Crown Senior Executive Retirement Plan (the "Plan") to provide retirement and death benefits to certain of its key management employees. Didier Sourisseau (the "Participant"), as an executive of the Company, has been selected to participate in the Plan effective April 1, 2017. Unless otherwise defined herein, all capitalized terms used in this Agreement shall have the definitions set forth in the Plan, which is incorporated herein and made a part hereof.

Crown Holdings – AMENDED and RESTATED SENIOR EXECUTIVE RETIREMENT AGREEMENT Background (April 28th, 2017)

Crown Holdings, Inc. maintains the Crown Senior Executive Retirement Plan (the "Plan") to provide retirement and death benefits to certain of its key management employees. Gerard Gifford (the "Participant"), as an executive of the Company, was selected to participate in the Plan effective June 1, 2012. The Company and the Participant now wish to update the Participant's individual Plan agreement effective June 1, 2017. Unless otherwise defined herein, all capitalized terms used in this Agreement shall have the definitions set forth in the Plan, which is incorporated herein and made a part hereof.

Executive Retirement Agreement (February 22nd, 2017)

THIS EXECUTIVE RETIREMENT AGREEMENT ("Agreement") is made by and between Welltower Inc., together with its affiliates, subsidiaries, divisions, joint ventures, predecessors, successors and assigns (the "Company") and Jeffrey H. Miller on behalf of himself and his heirs, executors, administrators, successors, and assigns (collectively referred to herein as "Employee") (the Company and Employee shall be collectively referred to herein as "Parties").

Executive Retirement Agreement (November 16th, 2016)

EXECUTIVE RETIREMENT AGREEMENT (the "Agreement") by and between Littelfuse, Inc., a Delaware corporation (the "Company"), and Gordon Hunter (the "Executive"), dated November 15, 2016 and effective as of the Effective Date (as defined in Section 1 below).

Executive Retirement Agreement (July 25th, 2016)

EXECUTIVE RETIREMENT AGREEMENT (the Agreement) by and between Stanley Black & Decker, Inc., a Connecticut corporation (the Company), and John F. Lundgren (the Executive), dated July 21, 2016 and effective as of the Effective Date (as defined in Section 1 below).

Executive Retirement Agreement (July 25th, 2016)

EXECUTIVE RETIREMENT AGREEMENT (the "Agreement") by and between Stanley Black & Decker, Inc., a Connecticut corporation (the "Company"), and John F. Lundgren (the "Executive"), dated July 21, 2016 and effective as of the Effective Date (as defined in Section 1 below).

Crown Holdings – Senior Executive Retirement Agreement (May 18th, 2016)

This is Amendment No. 2 (this "Amendment"), effective as of May 17, 2016, to the Senior Executive Retirement Agreement (the "Agreement") by and between Crown Holdings, Inc. ("Crown") and Gerard Gifford (the "Participant"), which was entered into as of June 1, 2012 and subsequently amended as of December 28, 2012.

Crown Holdings – SENIOR EXECUTIVE RETIREMENT AGREEMENT Background (April 29th, 2016)

Crown Holdings, Inc. maintains the Crown Senior Executive Retirement Plan (the "Plan") to provide retirement and death benefits to certain of its key management employees. Robert Bourque, Jr. (the "Participant"), as an executive of the Company, has been selected to participate in the Plan effective May 1, 2016. Unless otherwise defined herein, all capitalized terms used in this Agreement shall have the definitions set forth in the Plan, which is incorporated herein and made a part hereof.

Cys Investments Inc – Executive Retirement Agreement (February 18th, 2016)

This EXECUTIVE RETIREMENT AGREEMENT (this "Agreement") is entered into by CYS Investments, Inc., a Maryland corporation (the "Company"), and Frances R. Spark, an individual (the "Executive"), on February 10, 2016, to be effective on the Effective Date (as defined below), in order to recite the agreed terms relative to Executive's decision to voluntarily retire from her employment with the Company. Each of the Company and the Executive is referred to herein as a "Party" and they collectively are referred to herein as the "Parties".

Executive Retirement Agreement (August 4th, 2015)

THIS EXECUTIVE RETIREMENT AGREEMENT ("Agreement") is made by and between Health Care REIT, Inc., together with its affiliates, subsidiaries, divisions, joint ventures, predecessors, successors and assigns (the "Company") and Charles J. Herman, Jr., on behalf of himself and his heirs, executors, administrators, successors, and assigns (collectively referred to herein as "Employee") (the Company and Employee shall be collectively referred to herein as "Parties").

Crown Holdings – SENIOR EXECUTIVE RETIREMENT AGREEMENT Background (March 2nd, 2015)

Crown Holdings, Inc. maintains the Crown Senior Executive Retirement Plan (the "Plan") to provide retirement and death benefits to certain of its key management employees. Djalma Novaes Jr. (the "Participant"), as an executive of the Company, has been selected to participate in the Plan effective December 31, 2014. Unless otherwise defined herein, all capitalized terms used in this Agreement shall have the definitions set forth in the Plan, which is incorporated herein and made a part hereof.

Participant Name: G. Steven Farris (Participant, Employee You or Your) Company: Apache Corporation Amendment: This Is a Summary of the Amendment of the Terms of Your Previous Grants of Stock Options to Purchase Shares (Options) Under Certain Prior Notices (The Grant Notices) Subject to the Terms of the Apache Corporation 2007 Omnibus Equity Compensation Plan, as Amended and the Apache Corporation 2011 Omnibus Equity Compensation Plan, as Amended (The Plans) and the Related Stock Option Award Agreements (The Agreements). You Were Previously Granted Stock Options to Purchase Shares in Accordance (February 27th, 2015)
Apache Corporation Executive Retirement Agreement (February 27th, 2015)

THIS EXECUTIVE RETIREMENT AGREEMENT (Agreement) is entered into on January 19, 2015, by and between APACHE CORPORATION (Apache) and G. Steven Farris (Executive).

Recipient Name: G. Steven Farris (Recipient, Employee, You or Your) Company: Apache Corporation Amendment: This Is a Summary of the Amendment of the Terms of Your Grant(s) of Restricted Stock Units (RSUs) Under Certain Prior Notices (The Grant Notices) Subject to the Terms of the Apache Corporation 2007 Omnibus Equity Compensation Plan, as Amended, and the Apache Corporation 2011 Omnibus Equity Compensation Plan, as Amended (The Plans) and the Restricted Stock Unit Award Agreements (The Agreements). You Were Previously Awarded Apache Corporation RSUs in Accordance With the Terms of the Plans a (February 27th, 2015)
Community Partners Bancorp – Two River Community Bank Supplemental Executive Retirement Agreement (August 23rd, 2013)

THIS SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT (the "Agreement") was originally adopted July 7, 2005, by and between TWO RIVER COMMUNITY BANK, a New Jersey-chartered commercial bank located in Tinton Falls, New Jersey ("Bank") and WILLIAM MOSS (the "Executive"). The Agreement was amended October 31, 2008, June 1, 2010 and December 31, 2011. This amendment and restatement of the Agreement incorporates the prior amendments and is effective July 1, 2013. The purpose of this Agreement is to provide specified benefits to the Executive, a member of a select group of management or highly compensated employees who contribute materially to the continued growth, development, and future business success of the Bank. This Agreement shall be unfunded for tax purposes and for purposes of Title I of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended from time to time.

Executive Retirement Agreement (August 20th, 2013)

The parties to this Executive Retirement Agreement (this "Agreement"), Benjamin J. Mondics ("Mr. Mondics") and Applied Industrial Technologies, Inc. (the "Company"), its affiliates, parents, successors, predecessors, and subsidiaries (collectively, the "Company Group") agree that:

Crown Holdings – SENIOR EXECUTIVE RETIREMENT AGREEMENT Background (July 26th, 2013)

Crown Holdings, Inc. maintains the Crown Senior Executive Retirement Plan (the "Plan") to provide retirement and death benefits to certain of its key management employees. Thomas A. Kelly (the "Participant"), as an executive of the Company, has been selected to participate in the Plan effective July 24, 2013. Unless otherwise defined herein, all capitalized terms used in this Agreement shall have the definitions set forth in the Plan, which is incorporated herein and made a part hereof.

Crown Holdings – Senior Executive Retirement Agreement (March 1st, 2013)

This is Amendment No. 1 (this "Amendment"), effective as of December 28, 2012, to the Senior Executive Retirement Agreement (the "Agreement") by and between Crown Holdings, Inc. ("Crown") and Gerard Gifford (the "Participant"), which was entered into as of June 1, 2012.

Home Federal Bancorp, Inc. of Louisiana – Home Federal Bank Supplemental Executive Retirement Agreement for Daniel R. Herndon (December 28th, 2012)

This Supplemental Executive Retirement Agreement (the "Agreement") is entered into as of the 27th day of December 2012, by and between Home Federal Bank (the "Bank") and Daniel R. Herndon (the "Executive"). This Agreement shall be effective as of the 1st day of January 2013 (the "Effective Date").

Home Federal Bancorp, Inc. of Louisiana – Home Federal Bank Supplemental Executive Retirement Agreement for Clyde D. Patterson (December 28th, 2012)

This Supplemental Executive Retirement Agreement (the "Agreement") is entered into as of the 27th day of December 2012, by and between Home Federal Bank (the "Bank") and Clyde D. Patterson (the "Executive"). This Agreement shall be effective as of the 1st day of January 2013 (the "Effective Date").

SBT Bancorp, Inc. – The Simsbury Bank & Trust Company Supplemental Executive Retirement Agreement (November 30th, 2012)

This SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT (this "Agreement") is adopted this 29th day of November, 2012, by and between THE SIMSBURY BANK & TRUST COMPANY a state-chartered commercial bank located in Simsbury, Connecticut (the "Bank"), and MICHAEL T. SHEAHAN (the "Executive").

Fiesta Restaurant Group, Inc. – Executive Retirement Agreement (November 13th, 2012)

This Executive Retirement Agreement ("Agreement") is entered into as of September 28, 2012 into by and between Michael Biviano ("Employee") and Fiesta Restaurant Group, Inc. and its subsidiaries (collectively, the "Company").

Fiesta Restaurant Group, Inc. – Executive Retirement Agreement (November 13th, 2012)

This Executive Retirement Agreement ("Agreement") is entered into as of September 28, 2012 by and between James Tunnessen ("Employee") and Fiesta Restaurant Group, Inc. and its subsidiaries (collectively, the "Company").

Amended and Restated Executive Retirement Agreement (August 28th, 2012)

THIS AMENDED AND RESTATED EXECUTIVE RETIREMENT AGREEMENT (this Agreement) is entered into effective the 22nd day of August 2012 by and between The GEO Group, Inc. (Company) and George C. Zoley (Executive), or collectively, the Parties, and supersedes and replaces any prior written retirement agreement between the Parties.

Addendum to the Amended and Restated Supplemental Executive Retirement Agreement (July 16th, 2012)

This Addendum to the Amended and Restated Supplemental Executive Retirement Agreement (the Addendum) is made the 13 day of July, 2012 between AXIS Specialty Limited, a Bermuda company (AXIS), Michael A. Butt (the Executive) AXIS Capital Holdings Limited, a Bermuda company and parent company of AXIS (AXIS Capital) and Codan Trust Company Limited as trustee of the AXIS Serp Trust dated 14 April 2005 (Codan Trust);

Addendum to the Amended and Restated Supplemental Executive Retirement Agreement (July 16th, 2012)

This Addendum to the Amended and Restated Supplemental Executive Retirement Agreement (the Addendum) is made the 11th day of July, 2012 between AXIS Specialty Limited, a Bermuda company (AXIS), John R. Charman (the Executive) AXIS Capital Holdings Limited, a Bermuda company and parent company of AXIS (AXIS Capital) and Codan Trust Company Limited as trustee of the AXIS Serp Trust dated 14 April 2005 (Codan Trust).

NONQUALIFIED SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT (As Amended and Restated Effective as of January 1, 2012) (June 12th, 2012)

THIS AGREEMENT, executed on the 7th day of June, 2012, is between Pennsylvania Real Estate Investment Trust, a Pennsylvania business trust (the Trust), and Joseph F. Coradino (the Executive), an officer of the Trust.

NONQUALIFIED SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT (As Amended and Restated Effective as of January 1, 2012) (June 12th, 2012)

THIS AGREEMENT, executed on the 7th day of June, 2012, is between Pennsylvania Real Estate Investment Trust, a Pennsylvania business trust (the Trust), and Ronald Rubin (the Executive), an employee and the Executive Chairman of the Trust.

Executive Retirement Agreement (March 14th, 2012)

This Executive Retirement Agreement (the Agreement), made this day of March, 2012 (the Effective Date), is by and between Fossil Partners, L.P., a Texas limited partnership (the Company), and [name], a resident of [city], Texas (the Executive) (the signatories to this Agreement will be referred to jointly as the Parties).

CCFNB Bancorp, Inc. – Amendment to Supplemental Executive Retirement Agreement for Paul K. Page (January 4th, 2012)

The parties entered into a Supplemental Executive Retirement Agreement (the "Agreement") on May 26, 2009. The Agreement provides for a supplemental retirement benefit to Executive, subject to certain vesting requirements and other specified terms and conditions. The parties have agreed to amend the Agreement to provide for an additional death benefit as provided below.

CCFNB Bancorp, Inc. – Amendment to Supplemental Executive Retirement Agreement for Jeffrey T. Arnold (December 23rd, 2011)

The parties entered into a Supplemental Executive Retirement Agreement (the "Agreement") on December 15, 2010. The Agreement provides for a supplemental retirement benefit to Executive, subject to certain vesting requirements and other specified terms and conditions. The parties have agreed to amend the Agreement to provide for an additional death benefit as provided below.

Sussex Bancorp – Supplemental Executive Retirement Agreement for Anthony J. Labozzetta (July 26th, 2011)

A participant shall be presumed to have separated from service where the level of bona fide services performed decreases to a level equal to 20 percent or less of the average level of services performed by the participant during the immediately preceding 36-month period. A participant shall be presumed not to have separated from service where the level of bona fide services performed continues at a level that is 50 percent or more of the average level of service performed by the participant during the immediately preceding 36-month period. No presumption applies to a decrease in the level of bona fide services performed to a level that is more than 20 percent and less than 50 percent of the average level of bona fide services performed during the immediately preceding 36-month period. The presumption shall be rebuttable by demonstrating that the Employer and the participant reasonably anticipated that as of a certain date the level of bona fide services would be reduced permanently to

Axcelis Technologies, Inc. Executive Retirement Agreement (January 18th, 2011)

THIS EXECUTIVE RETIREMENT AGREEMENT, dated as of January 17, 2011, is made by and between Axcelis Technologies, Inc. (hereinafter referred to as the Company) and Stephen G. Bassett (hereinafter referred to as Executive). In consideration of the mutual covenants contained herein, the parties agree as follows:

Rockville Financial – Supplemental Executive Retirement Agreement for Richard J. Trachimowicz (December 17th, 2010)

This Agreement by and among Rockville Bank (the Bank), Rockville Financial, Inc. (the Company) (collectively, the Bank) and Richard J. Trachimowicz (Executive) is made this 6th day of December, 2010 and is effective upon signature.

Rockville Financial – Supplemental Executive Retirement Agreement for John T. Lund (December 17th, 2010)

This Agreement by and among Rockville Bank (the Bank), Rockville Financial, Inc. (the Company) (collectively, the Bank) and John T. Lund (Executive) is made this 6th day of December, 2010 and is effective upon signature.