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Special Retention Agreement
Special Retention Agreement (40K)
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[FORM OF]
SPECIAL RETENTION AGREEMENT
This Agreement is entered into as of the 7th day of December,
2001 (the "Effective Date") by and between KMART CORPORATION, a Michigan
corporation (the "Company"), and Janet Kelley (the "Executive");
WHEREAS, the Executive is currently employed by the Company in
the position of SVP General Counsel; and
WHEREAS, Executive and the Company have also entered into a
certain letter agreement dated March 2, 2001 . . .
1687082
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Albertson's
As referenced in this Special Retention Agreement:
Albertson's Inc – a less than one percent shareholder of a publicly traded company) or otherwise.
For purposes of this Section 5, "Competitor" shall mean any and/or all of the
following: (i) Albertson's Inc ., American Retail Group, Inc., American Stores
Company, Carrefour se, Fleming Companies, Inc., Kohl's Corporation, The May
Department Store Company, Montgomery Ward & Co., Inc., J.C. Penny Company,
_____________
dt 1476276
;
Fleming
As referenced in this Special Retention Agreement:
Fleming Companies, Inc. – otherwise.
For purposes of this Section 5, "Competitor" shall mean any and/or all of the
following: (i) Albertson's Inc., American Retail Group, Inc., American Stores
Company, Carrefour se, Fleming Companies, Inc. , Kohl's Corporation, The May
Department Store Company, Montgomery Ward & Co., Inc., J.C. Penny Company, Royal
Ahold, Safeway, Inc., Sears, Roebuck and Co., Service Merchandise Company,
ShopKo
_____________
dt 1506932
;
Fleming
As referenced in this Special Retention Agreement:
Fleming Companies, Inc. – otherwise.
For purposes of this Section 5, "Competitor" shall mean any and/or all of the
following: (i) Albertson's Inc., American Retail Group, Inc., American Stores
Company, Carrefour se, Fleming Companies, Inc. , Kohl's Corporation, The May
Department Store Company, Montgomery Ward & Co., Inc., J.C. Penny Company, Royal
Ahold, Safeway, Inc., Sears, Roebuck and Co., Service Merchandise Company,
ShopKo
_____________
dt 1541872
;
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Home Depot
As referenced in this Special Retention Agreement:
Home Depot, Inc – Store Company, Montgomery Ward & Co., Inc., J.C. Penny Company, Royal
Ahold, Safeway, Inc., Sears, Roebuck and Co., Service Merchandise Company,
ShopKo Stores, Inc., Supervalue Inc., Target Corp., The Home Depot, Inc ., Toys R
Us Inc., TJX Companies, Inc., and Wal-Mart Stores, Inc., and (ii) an entity or
enterprise whose business is in competition with the business of the Company
_____________
dt 1412304
;
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