Kohl's 2008 Annual Report Download - page 63

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Exhibit 10.33
SEPARATION AND RELEASE AGREEMENT
This Separation and Release Agreement (“Agreement”) is made as of the last date set forth opposite any signature hereto
between THOMAS KINGSBURY (“Executive”), 4515 Hewitts Point Road, Oconomowoc, WI, and KOHL’S DEPARTMENT
STORES, INC. (the “Company”).
BACKGROUND
Executive and Company entered into an Employment Agreement dated as of August 1, 2006, as amended by that certain letter
agreement between Executive and Company dated as of November 17, 2008 (collectively, the
“
Employment Agreement
”
) whereby
Company agreed to employ Executive, and Executive agreed to be employed by Company for a continuous three (3) year term;
The parties have agreed to sever all aspects of Executive’s employment relationship with Company and terminate the
Employment Agreement upon the terms set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the sufficiency of which is hereby
acknowledged, the parties agree as follows:
AGREEMENT
1. TERMINATION OF EMPLOYMENT AND EMPLOYMENT AGREEMENT. Notwithstanding any provision in the
Employment Agreement, Company and Executive shall voluntarily sever Executive’s employment with Company effective
December 1, 2008 (the “Termination Date”). Executive hereby resigns from all offices, positions, titles and capacities Executive held
with Company and its affiliates, effective on the Termination Date. Company hereby accepts this resignation.
Subject to and conditional upon Executive executing this Agreement and not revoking his acceptance hereof within the
timeframes specified below, the Employment Agreement is hereby terminated, cancelled, null and void and of no further force and
effect, and the rights, duties and obligations of the parties shall be governed solely by this Agreement.