Binding on Successors Contract Clauses (157)

Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns to the extent assignment is permitted under this Agreement.

Binding on Successors. This Agreement will inure to the benefit of the Company, Bank and any successors and assigns. Any successor of the Company or Bank will continue the terms and conditions of this Agreement. You may not assign your rights, duties or obligations under this Agreement. [The remainder of this page is left blank intentionally.] [See next page for signatures.] 6 If you are in agreement with the terms set forth above, please indicate by executing a copy of this Agreement and returning it to me. BERKSHIRE... HILLS BANCORP, INC. By: /s/ Nitin J. Mhatre Nitin J. Mhatre, President and Chief Executive Officer BERKSHIRE BANK By: /s/ Nitin J. Mhatre Nitin J. Mhatre, Chief Executive Officer I understand and agree completely to the foregoing as of October 29, 2021 /s/ Tami M Gunsch Tami M. Gunsch 7 EX-10.1 2 ex10-1_8k102621.htm RESIGNATION, SEPARATION AGREEMENT AND FULL AND FINAL RELEASE OF CLAIMS DATED OCTOBER 29, 2021 EXHIBIT 10.1 RESIGNATION, SEPARATION AGREEMENT AND FULL AND FINAL RELEASE OF CLAIMS This Resignation, Separation Agreement and Full and Final Release of Claims ("Agreement") is entered into between Berkshire Hills Bancorp, Inc., Berkshire Bank and Tami M. Gunsch ("you" or "your") (collectively, the "Parties") on October 29, 2021. Per our mutual understanding, your employment as Senior Executive Vice President, Head of Consumer Banking of Berkshire Hills Bancorp, Inc. ("Company") and Berkshire Bank ("Bank") (collectively, the "Employers") will end as a result of your resignation. You and the Employers desire to resolve any and all issues relating to the conclusion of your employment amicably and on mutually satisfactory terms. To that end, and as additional compensation to you, the Employers are offering you a separation package in accordance with the terms of this Agreement. Upon your signature, this Agreement shall constitute the agreement between you and the Employers on the terms of your separation from employment as follows: 1. Resignation and Press Release. You have informed the Employers of your intention to resign from your position as Senior Executive Vice President, Head of Consumer Banking of the Company and the Bank effective October 29, 2021 ("Resignation Date"). You shall be paid your earned salary and accrued but unused vacation time, if any, through the Resignation Date, less legally required withholdings. View More

Binding on Successors. The Bank shall require any successor or assignee, whether direct or indirect, by purchase, merger, consolidation or otherwise, to all or substantially all the business or assets of the Bank, expressly and unconditionally to assume and agree to perform the Bank's obligations under this Agreement, in the same manner and to the same extent that the Bank would be required to perform if no such succession or assignment had taken place.

Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the Company, the Executive and their respective successors, assigns, personnel and legal representatives, executors, administrators, heirs, distributees, devisees, and legatees, as applicable.

Binding on Successors. The terms of this Agreement shall be binding upon the Grantee and upon the Grantee's heirs, executors, administrators, personal representatives, transferees, assignees and successors in interest, and upon the Company and its successors and assignees, subject to the terms of the Plan.

Binding on Successors. The Parties agree that this Agreement shall be binding on, and inure to the benefit of Employee's or the Company's successors and/or heirs, respectively.

Binding on Successors. The parties agree that this Agreement shall be binding on and inure to the benefit of his or its successors, heirs and/or assigns.