{"id":40542,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/severance-plan-for-officers-albertson-s-inc.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"severance-plan-for-officers-albertson-s-inc","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/severance-plan-for-officers-albertson-s-inc.html","title":{"rendered":"Severance Plan for Officers &#8211; Albertson&#8217;s Inc."},"content":{"rendered":"<pre>\n                     ALBERTSON'S SEVERANCE PLAN FOR OFFICERS\n                             EFFECTIVE JULY 18, 2001\n\n\n                               SECTION 1--PURPOSE\n\nThe purpose of the Albertson's  Severance Plan for Officers  (\"Plan\") \nis to provide severance pay and benefits to certain Officers of \nAlbertson's,  Inc. and its subsidiaries  (collectively the \"Company\") \nwhose employment is involuntarily terminated in connection with the \nCompany's cost control initiatives, where such employment  termination  \nis other  than by  discharge  including  unsatisfactory performance,  \nduring the period  from July 18, 2001 to June 30,  2002.  When the\nemployment of such Officers is so terminated,  the employment \nrelationship shall be  completely  severed and  affected  Officers  \nshall have no current or future right to employment  on a full-time,  \npart-time,  per diem,  consulting or other basis.\n\nThe Plan is intended to be \"employee  welfare benefit plan\" as that \nterm is defined in Section 3(1) of the Employee  Retirement Income \nSecurity Act of 1974, as amended.  Severance benefits for this period \nshall be determined  exclusively under this Plan unless a separate \nagreement has been or will be reached.  All of the corporate policies \nand practices  regarding  severance,  or similar payments upon \nemployment  termination,  with respect to Officers  eligible to \nparticipate herein are hereby  superseded by this Plan.  Benefits  \nunder this Plan are in no way contingent upon retirement under any \nCompany retirement plan.\n\n\n                             SECTION 2--DEFINITIONS\n\nThe following  capitalized  terms shall have the meanings set forth in \nthis Section 2 unless the context clearly indicates otherwise:\n\n2.1  Administrator means the Company or its delegatees.\n\n2.2  Company  means  Albertson's,  Inc.  and  its  subsidiaries  except  \nas excluded in the definition of \"Officer\" in Section 2.5.\n\n2.3  Effective Date means July 18, 2001.\n\n2.4  ERISA means the Employee  Retirement  Income  Security Act of 1974, \nas amended.\n\n2.5  Officer  means any  active,  full-time  officer of the  Company who is\nlisted as an Officer on Exhibit B hereto.  For  purposes of this Plan,\n\"Officer\" as defined in Exhibit B excludes any  individual  who has an\nindividual employment or severance agreement with the Company.\n\n                                       1\n\n                                                                   EXHIBIT 10.39\n\n     2.6  Participant  means an Officer who is notified by the Company  that his\n          or her employment is to be involuntarily  terminated by the Company on\n          or after the Effective Date but on or before June 30, 2002, other than\n          termination  that is the result of actions by the  Officer  which,  as\n          determined  by the  Company  in its sole  discretion,  would  normally\n          result in termination or discharge.\n\n     2.7  Pay or Base Pay means the  Officer's  regular  base salary or wages on\n          the  Officer's  Severance  Date,  excluding  all  extra  pay  such  as\n          overtime, premiums, bonuses, commissions, living or other allowance.\n\n     2.8  Plan means the Albertson's Severance Plan for Officers. \n\n     2.9  Plan Year means the period from July 18, 2001  through  June 30, 2002.\n\n     2.10 Release  Agreement means the Severance  Agreement and Release attached\n          hereto as Exhibit A, which shall  include a general  release  given by\n          the Participant to the Company and other matters stated  therein.  The\n          Release Agreement shall bind the Participant and the Company.\n\n     2.11 Severance  Date  means  the  date  established  by  the  Company  as a\n          Participant's last day of employment.\n\n     2.12 Successor  means  any  employer   (whether  or  not  the  employer  is\n          affiliated   with  the  Company)  which  acquires   (through   merger,\n          consolidation,  reorganization,  transfer,  sublease,  assignment,  or\n          otherwise) (i) all or  substantially  all of the business or assets of\n          the Company,  of a division of the Company, or of a single facility or\n          business unit of the Company,  or (ii) the facility  where the Officer\n          usually works.\n\n     2.13 Years of Service  shall mean the  completed  12-month  periods  during\n          which an Officer  has been  employed  by the  Company on a  continuous\n          basis measured from the Officer's most recent hire or rehire date (not\n          an adjusted or reinstated hire date).\n\n\n                       SECTION 3--ELIGIBILITY AND PAYMENT\n\n     3.1  Subject to Sections  3.2,  3.3, and 3.4 of this Plan, an Officer shall\n          become a  Participant  if, on or after the Effective  Date,  but on or\n          before June 30, 2002,  the Officer is notified by the Company that his\n          or her employment with the Company is to be  involuntarily  terminated\n          by the Company unless such termination is the result of actions by the\n          Officer  which,  as determined by the Company in its sole  discretion,\n          would normally  result in a termination or discharge.  An employee who\n          is  on  a   Company-approved   Family  and  Medical  leave,   worker's\n          compensation  or other  medical or  disability  related  leave will be\n          subject to the  appropriate  Company  leave  policy when the  employee\n          returns from leave.\n\n     3.2  A  Participant  shall be  entitled to the  severance  pay set forth in\n          Section 4 hereof, if:\n\n\n                                       2\n\n                                                                   EXHIBIT 10.39\n\n          (a)  he or she returns and does not revoke a  completed  and  executed\n               Release Agreement to the Company within the time period specified\n               in the Release Agreement after such person's Severance Date; and,\n\n          (b)  he or she is not and does not become  disqualified from receiving\n               severance pay pursuant to Section 3.3 hereof at any time prior to\n               such person's Severance Date.\n\n     3.3  A Participant  shall not be entitled to the severance pay set forth in\n          Section 4 hereof, if:\n\n          (a)  the Officer either (i) fails to return a signed Release Agreement\n               to the Company  within the time period  specified  in the Release\n               Agreement after that person's Severance Date or (ii) revokes such\n               Release Agreement within the time period specified in the Release\n               Agreement;\n\n          (b)  prior to his or her Severance  Date,  the Officer (i)  terminates\n               voluntarily  his or her  employment,  (ii)  fails  to show up and\n               properly  attend work,  and\/or (iii) fails to adequately  perform\n               his or her employment duties as established by the Company in its\n               sole discretion;\n\n          (c)  the  Officer  begins   employment  or  provides  services  as  an\n               independent  contractor  with  or for the  Company  or any of its\n               affiliates within 6 months following his or her Severance Date;\n\n          (d)  the  Officer  rejects  an offer or  fails to  accept  an offer of\n               another  position  from a Successor or from any  affiliate of the\n               Company  on or  before  his  or  her  Severance  Date;  provided,\n               however,  that an Officer may still  receive his or her severance\n               benefits  despite  rejecting  such  offer if  either  (i) the new\n               position  has a Base Pay less than eighty (80)  percent of his or\n               her  current  Base  Pay,  or (ii)  the new job will  require  the\n               Officer to work in a facility located more than 50 miles from his\n               or her current workplace; or\n\n          (e)  prior  to  the  Severance   Date,  the  Company   terminates  the\n               employment of the Officer and either (i) the  termination  is the\n               result of actions by the  Officer  which,  as  determined  by the\n               Company  in  its  sole   discretion   would  normally  result  in\n               termination or discharge,  or (ii) the Company  determines  after\n               such termination that the Officer had engaged in conduct that was\n               significantly  detrimental to the Company,  in clear violation of\n               Company policies or procedures, or that resulted in a cost to the\n               Company and that would result in  termination  or  discharge  had\n               such conduct been known to the Company prior to such termination.\n\n     3.4  Prior to the date the  Participant's  employment with the Company will\n          terminate,   such  Participant  will  receive  a  Release   Agreement,\n          substantially  in the form  attached to this Plan as Exhibit A. If the\n          Participant  accepts  and  agrees  to  his or her  severance  pay  and\n          benefits as determined,  he or she shall execute the Release Agreement\n          and return it to the Vice President,  Human  Resources  Administration\n          within the time period  specified in the Release  Agreement  following\n          his or her Severance Date.  Such Release  Agreement must be timely and\n\n\n                                       3\n\n                                                                   EXHIBIT 10.39\n\n          appropriately  executed by its terms for the  Participants  to qualify\n          for payments and benefits under Section 4.\n\n\n                 SECTION 4--AMOUNT AND PAYMENT OF SEVERANCE PAY\n\n     4.1  A Participant's severance pay under this Section 4 shall be the number\n          of weeks  of Pay set  forth in the  following  schedule  based on such\n          Participant's  status  and his or her  number of full Years of Service\n          and  shall be paid in one lump sum as soon as  practicable  after  the\n          Participant's Severance Date with the Company or such longer period as\n          may be required by the  Release  Agreement.  Amounts to be paid are as\n          follows:\n\n               Thirty-nine weeks' Pay plus (1) 100 percent target bonus prorated\n               based on the number of weeks  actually  worked  during the fiscal\n               year since the  beginning  of the most recent  bonus  eligibility\n               period,  plus (2) 100  percent  target  bonus  prorated  based on\n               twenty-six weeks.\n\n          Employment  taxes shall be withheld  from all  severance  payments but\n          voluntary  deductions  shall not be allowed.  In addition,  any amount\n          payable  under this  Section  above,  shall be reduced  (but not below\n          zero) by any payment made as required by government-mandated  programs\n          that require payment of wages and fringe benefits in lieu of notice of\n          closing, layoffs or termination of employment.\n\n     4.2  In addition to the severance payment described above, the Company will\n          also offer additional benefits to all Participants as follows.\n\n          (a)  Participants  shall have the right to continue medical and dental\n               benefits under the  continuation  health  coverage  provisions of\n               Title X of the Consolidated Omnibus Budget  Reconciliation Act of\n               1986  (COBRA)  after  his or her  Severance  Date,  if  otherwise\n               eligible  and\/or,  if eligible,  may enroll in the Retiree Health\n               Plan.  To the extent that the  Participant  is  eligible  for and\n               elects COBRA  coverage,  the Company  shall cover the premiums or\n               cost of such  coverage  on a monthly  basis for the lesser of (1)\n               the first six months of  coverage,  or (2) until  Participant  no\n               longer  qualifies  to  participate.  At the end of the  Officer's\n               Company-paid  COBRA  coverage,  the  Officer may  continue  COBRA\n               coverage at the Officer's expense or to the extent eligible under\n               the terms of such Plan may elect to  participate in the Company's\n               self-pay  retiree health care plan.  Alternatively,  if eligible,\n               the Officer may elect the self-pay retiree health coverage at the\n               end  of  the  18-month  COBRA  period.  In  no  event  shall  any\n               Participant  be  entitled  to a cash  payment  in lieu of  health\n               coverage.\n\n          (b)  Participants  shall be paid for normal  termination  vacation pay\n               and any other  earned pay (if any)  pursuant to existing  Company\n               policy and applicable state law.\n\n          (c)  Benefits  under any other employee  benefit plans,  including but\n               not limited to,  tax-qualified  retirement plans,  retiree health\n               care plan, fringe benefit plans, policies, programs, stock option\n\n                                       4\n\n                                                                   EXHIBIT 10.39\n\n               plans and nonqualified  deferred  compensation plans sponsored by\n               the  Company  are  governed  solely by the terms of those  plans,\n               programs or policies. Participants may exercise stock options, to\n               the extent that such options are  exercisable  under their terms.\n               This Plan does not change the  eligibility,  termination or other\n               provisions for those benefits.\n\n          (d)  The Company may offer  additional  benefits or programs which, if\n               offered, shall be described in appendices to this Plan.\n\n     4.3  The Company  reserves the right to offset the benefits  payable  under\n          Section 4, by any advance,  loan or other monies the Participant  owes\n          the Company.\n\n\n                            SECTION 5--DEATH BENEFITS\n\n     5.1  If a Participant dies before receiving all of his or her severance pay\n          due under this Plan, such pay will be distributed in one lump sum cash\n          payment to the Officer's estate.\n\n     5.2  The Administrator may require that any individual or entity purporting\n          to represent a Participant's  estate provide such proof of such status\n          as the Administrator  may deem appropriate,  including but not limited\n          to   letters   testamentary   or  letters   of   administration.   The\n          Administrator may also require that such individual, as a condition to\n          receiving  severance pay, agree in a provision to be  incorporated  in\n          the  Release   Agreement,   to   indemnify   and  hold   harmless  the\n          Administrator  and  such  other  persons  deemed  appropriate  by  the\n          Administrator for any financial  responsibility,  liability or expense\n          arising  out  of  a  claim  by  another  party  or  parties  asserting\n          entitlement  to all or  part  of the  benefit  payable  hereunder.  In\n          addition,  the  Company  reserves  the  right to offset  the  benefits\n          payable under this Section 5 by any advance,  loan or other monies the\n          Participant,  with  respect to whom the  severance  pay is being paid,\n          owes the Company.\n\n\n                            SECTION 6--ADMINISTRATION\n\n     6.1  The Company  shall have sole  discretionary  authority  to  interpret,\n          apply  and   administer  the  terms  of  the  Plan  and  to  determine\n          eligibility for and the amounts of benefits under the Plan,  including\n          interpretation of ambiguous Plan provisions, determination of disputed\n          facts   or   application   of   Plan   provisions   to   unanticipated\n          circumstances.  The  Company's  decision on any such  matter  shall be\n          final and binding.\n\n     6.2  The Company  shall be the  administrator  of the Plan for  purposes of\n          Section  3(16) of ERISA and shall have  responsibility  for  complying\n          with any ERISA reporting and disclosure  rules  applicable to the Plan\n          for any Plan Year. The  Administrator  may at any time delegate to any\n          other  named  person  or  body,  or  reassume  therefrom,  any  of its\n          fiduciary  responsibilities  (other than trustee  responsibilities  as\n          defined in Section 405(c)(3) of ERISA) or  administrative  duties with\n          respect to this Plan.\n\n     6.3  The  Administrator  may  contract  with one or more  persons to render\n          advice or services with regard to any responsibility it has under this\n          Plan.\n\n\n                                       5\n\n                                                                   EXHIBIT 10.39\n\n     6.4  Subject to the limitations of this Plan, the Administrator  shall from\n          time to time establish such rules for the  administration of this Plan\n          as the Administrator may deem desirable.\n\n\n                           SECTION 7--CLAIMS PROCEDURE\n\n     7.1  If a  Participant  believes  he or she  has  not  been  provided  with\n          severance pay benefits due under the Plan,  then the  Participant  may\n          file a  request  for  benefits  under  this  procedure  with the Human\n          Resources Department or its delegate within ninety (90) days after the\n          date the  Participant  believes  he or she should have  received  such\n          benefits. If a Participant makes such a request for benefits under the\n          Plan and that claim is denied,  in whole or in part, the Administrator\n          shall  notify the  Participant  of the  adverse  determination  within\n          ninety (90) calendar  days unless the  Administrator  determines  that\n          special circumstances require an extension of time for processing.  If\n          the  Administrator  determines that an extension of time is necessary,\n          written  notice shall be furnished to the claimant prior to the end of\n          the  initial  ninety-day  period  and the  extension  shall not exceed\n          ninety days from the original  ninety-day period. The extension notice\n          shall  indicate the special  circumstances  requiring an extension and\n          the date by which the Administrator expects to render a determination.\n\n          The Administrator shall notify the Participant of the specific reasons\n          for the denial with specific  references to pertinent Plan  provisions\n          on which the denial is based and shall notify the  Participant  of any\n          additional material or information that is needed to perfect the claim\n          and  explanation of why such material or information is necessary.  At\n          that  time the  Participant  will be  advised  of his or her  right to\n          appeal  that  determination,  and given an  explanation  of the Plan's\n          review and appeal  procedure  including  time limits,  and a statement\n          regarding the Participant's  right to bring a civil action under ERISA\n          section 502(a) following an adverse determination or appeal.\n\n     7.2  A  Participant  may  appeal  from  the   determination  or  denial  by\n          submitting to the Administrator  within sixty (60) calendar days after\n          receiving a denial notice:\n\n          (a)  Requesting a review by the Administrator of the claim;\n\n          (b)  Setting  forth all of the  grounds  upon  which the  request  for\n               review is based and any facts in support thereof; and\n\n          (c)  Setting forth any issues or comments which the Participant  deems\n               relevant to the claim.\n\n          The Participant may submit written  comments,  documents,  records and\n          other information relating to his claim. Upon request, the Participant\n          may  obtain  free of  charge,  copies  of all  documents  and  records\n          relevant to his claim.\n\n     7.3  The  Administrator  shall act upon the appeal  taking into account all\n          comments,  documents,  records and other information  submitted by the\n\n                                       6\n\n                                                                   EXHIBIT 10.39\n\n          Participant  without regard to whether such  information was submitted\n          or considered in the initial benefit  determination and shall render a\n          decision  within  sixty (60) days or one hundred  twenty (120) days in\n          special  circumstances  after  its  receipt  of  the  appeal.  If  the\n          Administrator  determines  that an  extension  of  time is  necessary,\n          written notice of the extension  shall be furnished to the Participant\n          prior to the end of the initial sixty-day period. The extension notice\n          shall  indicate  the special  circumstances  requiring an extension of\n          time and the date by  which  the  Administrator  expects  to  render a\n          determination.\n\n          The  Administrator  shall  review the claim and all written  materials\n          submitted  by the  Participant,  and may require him or her to submit,\n          within ten (10) days of its written  notice,  such  additional  facts,\n          documents,  or  other  evidence  as  the  Administrator  in  its  sole\n          discretion  deems  necessary or advisable in making such a review.  On\n          the basis of its review,  the Administrator  shall make an independent\n          determination  of the  Participant's  eligibility for benefits and the\n          amount  of  such  benefits   under  the  Plan.  The  decision  of  the\n          Administrator  on any  claim  shall be final and  conclusive  upon all\n          persons if supported by substantial evidence.\n\n          If the Administrator  denies a claim on review in whole or in part, it\n          shall give the  Participant  written  notice of its  decision  setting\n          forth the  following:  (a) the  specific  reasons  for the  denial and\n          specific  references  to the  pertinent  Plan  provisions on which its\n          decision was based; (b) notice that the Participant may obtain free of\n          charge,  copies  of  all  documents,  records  and  other  information\n          relevant  to the  Participant's  claim;  and  (c) a  statement  of the\n          Participant's  right to bring a civil action under  section  502(a) of\n          ERISA.\n\n     7.4  A Participant or his or her legal  representative may appeal any final\n          decision  by  filing  an  action  in  a  federal  court  of  competent\n          jurisdiction, provided that such action is filed no later than 90 days\n          after  receipt of a final  decision by the  Participant  or his or her\n          legal representative.\n\n\n                               SECTION 8--GENERAL\n\n     8.1  The  benefits  and costs of this Plan shall be paid by the Company out\n          of its general assets.\n\n     8.2  This Plan is intended to be an \"employee  welfare  benefit  plan\",  as\n          defined in Section 3(1), Subtitle A of Title 1 of ERISA. The Plan will\n          be interpreted to effectuate  this intent.  Notwithstanding  any other\n          provision of this Plan, no Officer shall receive hereunder any payment\n          exceeding  twice that Officer's  annual  compensation  during the year\n          immediately  preceding  the  termination  of his  service,  within the\n          meaning of 29 C.F.R.  Section  2510.3-2,  as the same was in effect on\n          the effective date of this Plan.\n\n\n                      SECTION 9--AMENDMENT AND TERMINATION\n\n     The Company  reserves the right to amend this Plan, in whole or in part, or\ndiscontinue or terminate the Plan; provided,  however,  that any such amendment,\ndiscontinuance  or termination  shall not affect any right of any Participant to\n\n                                       7\n\n                                                                   EXHIBIT 10.39\n\nclaim  benefits  under  the  Plan  or as in  effect  prior  to  such  amendment,\ndiscontinuance  or termination,  for events  occurring prior to the date of such\namendment,  discontinuance  or  termination.  An amendment to this Plan,  and\/or\nresolution of discontinuance or termination,  may be made by the  Administrator,\nto the extent permitted by resolution of the Board of Directors.\n\n\n     IN WITNESS WHEREOF, the Company has caused its officer,  duly authorized by\nits Board of Directors to execute the Plan  effective as of the 18th day of July\n2001.\n\n\n                                            ALBERTSON'S, INC.\n\n\n\n                                       By:  \/s\/ Thomas R. Saldin\n                                                ----------------------\n                                       Name:    Thomas R. Saldin\n                                       Its:     Executive Vice President and \n                                                General Counsel\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                       8\n\n\n\n                                     SAMPLE\n                                                                       Exhibit A\n\n                         SEVERANCE AGREEMENT AND RELEASE\n\nIn  consideration  for the  payment to me of (amount  to be  computed  and added\nlater), less lawful deductions,  as severance pay, I, (name to be added), hereby\nmake the following  promises and agree to the terms of this Severance  Agreement\nand Release, intending to be legally bound by them.\n\n1.   I hereby release  Albertson's,  Inc.  (\"Company\") and its parent companies,\n     subsidiaries,   affiliates,  and  their  respective  successors,  officers,\n     directors,  employees, and associates from any and all claims, actions, and\n     causes of action arising out of my employment with, and\/or termination from\n     the  Company,  including  but not  limited  to claims  based on  express or\n     implied  contract,  covenants  of fair  dealing  and good  faith,  wrongful\n     discharge,  Title VII of the Civil Rights Act of 1964,  the Americans  with\n     Disabilities  Act, the Family and Medical Leave Act, the Worker  Adjustment\n     and  Retraining  Notification  Act  of  1988,  the  Age  Discrimination  in\n     Employment  Act, the Employee  Retirement  Income  Security Act of 1974, as\n     amended,   and  any  other  applicable  federal,   state,  or  local  laws,\n     ordinances,  and regulations.  This release does not, however,  apply to or\n     waive any rights I may have under applicable workers'  compensation laws or\n     employee benefit plans, or to claims which may arise after the date of this\n     release  except as to disability  plan payments  which may be offset by the\n     Severance payment(s) herein.\n\n2.   I understand  that by signing this  Severance  Agreement and Release,  I am\n     forever  relinquishing  any right to sue any of the  companies  and persons\n     described  in  paragraph  1 above  based  on any  claim  arising  out of my\n     employment with,  and\/or  termination  from, the Company (other than claims\n     arising under  employee  benefit  plans or claims for injuries  compensable\n     under workers'  compensation  laws), and I agree that I will never maintain\n     any  litigation  against any of those  companies or persons based on any of\n     the claims I am giving up by signing  this  document.  Any  controversy  or\n     claim  arising out of or relating to this release,  or the breach  thereof,\n     shall be settled by arbitration  administered  by the American  Arbitration\n     Association under its Employment Dispute Resolution Rules.\n\n3.   I  expressly  waive and  relinquish  all rights and  benefits  afforded  by\n     Section  1542 of the  Civil  Code of the State of  California,  and I do so\n     understanding  and  acknowledging  the significance and consequence of that\n     waiver. Section 1542 of the Civil Code of the State of California states:\n\n          A general  release does not extend to claims  which the creditor  does\n          not know or suspect to exist in his favor at the time of executing the\n          release,  which  if known by him must  have  materially  affected  his\n          settlement with the debtor.\n\n4.   I  acknowledge  that,  after I leave the employ of the Company,  I am still\n     obliged to abide by the  Company's  policies  concerning  confidential  and\n     proprietary information.\n\n5.   I shall  cooperate  with and assist the Company  (including  making  myself\n     available  at  reasonable  times and  places)  so as to aid the  Company in\n     connection  with any  matters  related to my  employment  by the Company or\n     about which I am knowledgeable; provided, however, my cooperation with such\n     matters shall not interfere unreasonably with my subsequent employment,  if\n     any.\n\n\n                                       9\n\n\n6.   I agree not to directly,  indirectly,  or through third parties solicit any\n     Company associate for employment for two years.\n\n7.   I  understand  that I will  receive  listings  of the age and job  title of\n     persons who are eligible  and  ineligible  for pay and  benefits  under the\n     Albertson's  Severance Plan applicable to me. I also understand that I will\n     have  forty-five  calendar days following the date on which I receive those\n     lists  to  consider  whether  to  accept  the pay and  benefits  under  the\n     Albertson's  Severance Plan applicable to me. I understand that I waive the\n     forty-five  calendar  day  consideration  period if I sign and  return  the\n     Severance  Agreement  and  Release  before  the end of the  forty-five  day\n     period. I acknowledge that I am hereby advised to consult with the attorney\n     or other advisor of my choice  regarding the terms of this document  before\n     signing it. I understand  that I may revoke this  Severance  Agreement  And\n     Release  anytime  within 7 days of  signing  it and that the  terms of this\n     agreement  and release  will not be  effective  until the 7-day  revocation\n     period expires. I must contact David Biderman,  in writing,  at Albertson's\n     Human  Resources  Department  in Boise (fax  208-395-4844)  to revoke  this\n     agreement.\n\n8.   This Release will be governed by the laws of Idaho.\n\n9.   I have signed this document  freely and  voluntarily and not because of any\n     deception or coercion.  I understand  the terms of this  document and agree\n     that they are fair and equitable.\n\nDO NOT SIGN AND RETURN  THIS FORM UNTIL AFTER YOU HAVE  RECEIVED  THE LISTING OF\nTHE AGES AND JOB TITLES OF THE INDIVIDUALS SELECTED FOR THE REDUCTION IN FORCE \/\nSEVERANCE PAY AND BENEFIT.\n\n\n---------------------     ----------------------     ---------------------------\nPrint Name of Witness     Print Name of Officer      Date of Officer's Signature\n\n---------------------     ----------------------     ---------------------------\nSignature of Witness      Signature of Officer       Last Date of Employment\n\nNote:  Section 3 is required  only if the severed  associate  has worked for the\n       Company in the state of California, whether at the time of termination or\n       some time prior.\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                       10\n\n\n\n                                                                       Exhibit B\n\n\n\n         Location            Lname                             Fname\n--------------------------------------------------------------------------------\n  1)      48400              Adams                             Pat\n  2)      48400              Allen                             Craig\n  3)      71301              Apker                             Debra\n  4)      74200              Arnold                            William\n  5)      70428              Bailey                            Boyce\n  6)      71701              Banks                             Bob\n  7)      48300              Bassler                           Dennis\n  8)      55000              Bates                             Bill\n  9)      72900              Bates                             Mark\n  10)     48500              Bay                               Gerry\n  11)     71302              Bell                              Dario\n  12)     70405              Bergquist                         Renee\n  13)     70401              Bessent                           Mike\n  14)     73601              Biderman                          Dave\n  15)     71701              Bock                              Carolyn\n  16)     70405              Boyd                              John\n  17)     71301              Brady                             Kathy\n  18)     71302              Brother                           Tom\n  19)     72402              Brown                             Craig\n  20)     53000              Brune                             Jeff\n  21)     48700              Buckles                           Gerry\n  22)     71300              Butler                            Bob\n  23)     48400              Casey                             Karen\n  24)     50300              Casteel                           Ritchie\n  25)     71300              Cefalo                            Roe\n  26)     71704              Christoffersen                    Shirley\n  27)     50400              Clawson                           Mike\n  28)     74200              Cole                              Chip\n  29)     50100              Colgrove                          Bob\n  30)     54200              Colgrove                          John\n  31)     48300              Conrad                            Monty\n  32)     48600              Corry                             Tim\n  33)     48500              Cousin                            Ertharin\n  34)     71005              Croft                             John\n  35)     48500              Cygan                             Doug\n  36)     70400              Czarniecki                        Walt\n  37)     71304              Dean                              Dave\n  38)     48700              DeBruin                           Mark\n  39)     72905              DeMeyer                           Keith\n  40)     71300              Denningham                        Wayne\n  41)     57900              Eckstein                          Frank\n  42)     54200              Emmons                            William\n  43)     70467              Fehringer                         Joe\n  44)     70715              Fetzer                            Dennis\n  45)     48500              Gentile                           Jim\n  46)     56700              Giles                             Charla\n  47)     57100              Gloyne                            Clay\n\n                                       11\n\n\n                                                                       Exhibit B\n\n  48)     71700              Goins                             Greg\n  49)     52700              Gossett                           Paul\n  50)     52700              Gray                              Kim\n  51)     71301              Gruell                            Kip\n  52)     53200              Gullickson                        Greg\n  53)     71301              Guthmiller                        Dick\n  54)     75501              Hamblin                           Laura\n  55)     71301              Hansen                            Larry\n  56)     72900              Hansen                            Roger\n  57)     48500              Hanson                            Ed\n  58)     54300              Hanson                            Greg\n  59)     48700              Harbecke                          William\n  60)     70416              Harmon                            Larry\n  61)     54000              Hays                              Scott\n  62)     48500              Herbert                           Kathy\n  63)     48700              Hiller                            Bruce\n  64)     74100              Hilton                            Steve\n  65)     73604              Hughes                            Terri\n  66)     48700              Hunstiger                         Gary\n  67)     72908              Imlay                             Thomas\n  68)     70700              Iverson                           John\n  69)     48600              Jablonski                         Carl\n  70)     72900              Jacobsen                          Jim\n  71)     48400              Javier                            Virginia\n  72)     52200              Jerry                             David\n  73)     71000              Johnston                          Larry\n  74)     79039              Jolley                            Tony\n  75)     73604              Jones                             Peggy\n  76)     72402              Kinde                             Dennis\n  77)     53400              Kowalski                          Eileen\n  78)     71701              Lavin                             Mark\n  79)     57000              Lawrence                          Michelle\n  80)     56500              Little                            Ed\n  81)     71000              Lynch                             Peter\n  82)     57800              Mann                              Bill\n  83)     48700              Massimino                         Mike\n  84)     71702              Mattefs                           Sue\n  85)     71302              McCarthy                          Mike\n  86)     48700              McGovern                          John\n  87)     48600              McKeon                            Colin\n  88)     71700              McKinney                          Dave\n  89)     56000              McNiff                            Greg\n  90)     71301              McReynolds                        Peggy\n  91)     48700              Mecham                            Rory\n  92)     54700              Melville                          Gerald\n  93)     71301              Michael                           Todd\n  94)     71600              Mielke                            Chris\n  95)     59000              Miles                             Matt\n\n  96)     48400              Molendyk                          Harvey\n  \n                                       12\n\n\n                                                                       Exhibit B\n\n  97)     56300              Morris                            Jacque\n  98)     48700              Mulcock                           Dave\n  99)     74200              Mumford                           Lee\n  100)    73610              Murphy                            Michele\n  101)    50800              Murty                             Brian\n  102)    72900              Muta                              Matt\n  103)    70400              Navarro                           Rick\n  104)    73608              Neumann                           Sue\n  105)    48500              Nielsen                           Keith\n  106)    70405              Ober                              Dave\n  107)    71304              Oddo                              Mitch\n  108)    74550              O'Riordan                         Kaye\n  109)    72901              Osban                             Jeff\n  110)    48300              Ouellette                         Mark\n  111)    53600              Ozark                             Gerard\n  112)    48700              Palmer                            Dennis\n  113)    73610              Paolini                           Bruce\n  114)    72402              Paterson                          Gary\n  115)    48400              Patton                            Mike\n  116)    54300              Perkins                           Jim\n  117)    72600              Pichulo                           Philip\n  118)    48300              Potter                            Bob\n  119)    71600              Powell                            Pamela\n  120)    70715              Raffo                             Ed\n  121)    71302              Raudabaugh                        John\n  122)    48500              Redfearn                          George\n  123)    71000              Reuling                           Mike\n  124)    50900              Rice                              Jim\n  125)    75308              Rissing                           Bob\n  126)    48400              Robbins                           Donna\n  127)    71302              Robertson                         Dave\n  128)    56100              Rocheleau                         Terry\n  129)    71302              Rood                              Brian\n  130)    74200              Rowan                             Paul\n  131)    71000              Saldin                            Tom\n  132)    54300              Sampson                           Shane\n  133)    72901              Schachtell                        Steve\n  134)    70700              Schroeder                         Kathy\n  135)    48300              Schuit                            Fred\n  136)    70408              Schuler                           Bob\n  137)    73610              Scoggin                           Andrew\n  138)    48700              Shadle                            Mark\n  139)    74200              Sharp                             Linc\n  140)    48300              Simonson                          Dave\n  141)    73602              Snow                              Jack\n  142)    71301              Spiers                            Gary\n  143)    48600              Spires                            Judy\n  144)    71300              Stablein                          Larry\n\n                                       13\n\n\n                                                                       Exhibit B\n\n  145)    50200              Stachofsky                        Bob\n  146)    72900              Steele                            Pat\n  147)    71301              Stevens                           Clement\n  148)    71304              Strong                            John\n  149)    57700              Styer                             Don\n  150)    71304              Sutton                            Dan\n  151)    48300              Teall                             Martin\n  152)    71700              Thayer                            Scott\n  153)    72600              Tobin                             Dan\n  154)    71301              Tommack                           Ed\n  155)    71300              Tripp                             Kevin\n  156)    48300              Trom                              Brad\n  157)    48500              Van Helden                        Pete\n  158)    70400              Volger                            Ron\n  159)    72901              Wagner                            Hadley\n  160)    55300              Wahlstrom                         Larry\n  161)    48500              Walter                            Tom\n  162)    72480              Wardle                            Gerry\n  163)    54200              Washington                        Clem\n  164)    79039              Weiser                            Ed\n  165)    48300              White                             Wanda\n  166)    50900              Williams                          Marcia\n  167)    71301              Williams                          Shane\n  168)    48700              Willyard                          Jim\n  169)    50500              Withers                           Mike\n  170)    71304              Wright                            Steve\n  171)    73604              Yager                             Bryan\n  172)    52000              Yaksitch                          Frank\n  173)    73600              Young                             Steve\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                       14\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6612],"corporate_contracts_industries":[9499],"corporate_contracts_types":[9539,9551],"class_list":["post-40542","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-albertsons-inc","corporate_contracts_industries-retail__food","corporate_contracts_types-compensation","corporate_contracts_types-compensation__severance"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/40542","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=40542"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=40542"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=40542"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=40542"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}