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Exhibit 10.4 AMENDMENT TO THE
FIRSTMERIT CORPORATION
EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN
WHEREAS, FirstMerit Corporation, an
Ohio corporation (the "Corporation"), adopted the FirstMerit
Corporation Executive Supplemental Retirement Plan (the "Plan"),
originally effective as of February 13, 1987, and amended and
restated effective as of August 28, 1995, January 1, 2001
and December 31, 2008; and
WHEREAS, Section 9.07 of the
Plan provides that the Corporation may amend the Plan from time to
time, provided that such amendment does not reduce the benefits or
rights of any Member (as defined in the Plan) or his Beneficiary
(as defined in the Plan) accrued prior to the date of such
amendment; and WHEREAS, the
Corporation desires to make certain amendments to the Plan;
NOW, THEREFORE, the Corporation
hereby amends the Plan, effective as of January 8, 2009, by:
1. Deleting Section 2.03 in its entirety and by substituting
therefor the following: "
Section 2.03 "Attained Age" shall mean the age of a
Member as of his or her last birthday. Notwithstanding the
foregoing, for purposes of Section 4.02, the Attained Age of
the CEO shall be increased by six (6) years, unless the CE
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