Severance and Relocation Compensation Agreement between The Scotts Company and Michel Farkouh

Summary

This letter agreement between The Scotts Company and Michel Farkouh confirms that if Mr. Farkouh's employment with SCOTTS France SAS is terminated for any reason other than serious or intentional misconduct, he will receive a severance package equal to two years' salary. This payment includes any standard dismissal indemnity but does not affect his right to notice or compensation for the notice period. Additionally, if Mr. Farkouh must relocate for business reasons, the company will compensate him for any net loss on the sale of his primary residence.

EX-10.X 3 l92589aex10-x.txt EXHIBIT 10(X) Exhibit 10(x) October 10, 2001 Michel Farkouh The Scotts Company 21 Chemin de la Sauvegarde 69136 Ecully France Dear Mr. Farkouh: Pursuant to our various discussions, we confirm that in the event of termination of your employment contract by SCOTTS France SAS(2), for whatever reason except for serious or intentional misconduct, you will be entitled to a severance package equivalent to 2 years salary. The indemnity for dismissal provided for by the collective bargaining agreement ("indemnite conventionnelle de licenciement") will be considered to be included in said lump sum severance payment. The severance payment will however have no incidence on your right to a period of notice and will not be considered to include any indemnity which may be due with respect to the notice period (indemnite de preavis"). The company also undertakes to compensate you for any net loss which you may incur on sale of your principal residence, if you are obliged to move for business reasons for The Scotts Company. Sincerely, /s/ Hadia Lefavre Hadia Lefavre Executive Vice President Human Resources Worldwide