AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT
THIS EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”), entered into as of October 2, 2007 (the “Effective
Date”), between The Hershey Company, a Delaware corporation together with its successors and assigns permitted under this
Agreement (“Employer”), and David J. West (the “Executive”), is amended and restated as of November 11, 2007.
1. Term . Subject to earlier termination as provided herein, Employer hereby agrees to employ Executive, and the Executive
hereby accepts such employment, for the period commencing on the Effective Date and ending on the third anniversary of the
Effective Date; provided, however, that commencing on the day following the Effective Date and each day thereafter, the term
of the Executive’s employment under this Agreement shall be extended automatically for one (1) additional day, creating a new
three-year term commencing as of each day until such date on which either the Board of Directors of Employer (the “Board”), on
behalf of Employer, or the Executive gives written notice to the other, in accordance with Section 17(b), below, that such
automatic extension of the Executive’s employment under this Agreement shall cease, in which event, as of the effective date of
such notice, the term of employment shall become a fixed three-year term. Any such notice shall be effective immediately upon
delivery. The term of the Executive’s employment as provided in this Section 1 shall be hereinafter referred to as the “Term.”
2. Duties .
(a) Executive’s Positions and Titles . Commencing on the Effective Date, the Executive’s position and title shall be
President of Employer. Commencing December 1, 2007, Executive shall also be the Chief Executive Officer of Employer.
(b) Executive’s Duties . As Chief Executive Officer of Employer, Executive shall report directly to the Board and shall
have active and general supervision and management over the business and affairs of Employer and shall have full power and