FREEPORT-MCMORAN COPPER & GOLD, INC. SUPPLEMENTAL EXECUTIVE CAPITAL ACCUMULATION PLAN AMENDMENT ONE

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FREEPORT MCMORAN COPPER & GOLD INC

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Title: FREEPORT-MCMORAN COPPER & GOLD, INC. SUPPLEMENTAL EXECUTIVE CAPITAL ACCUMULATION PLAN AMENDMENT ONE
Date: 5/12/2008
Industry: Metal Mining Sector: Basic Materials

FREEPORT-MCMORAN COPPER & GOLD, INC.

SUPPLEMENTAL EXECUTIVE CAPITAL ACCUMULATION PLAN

AMENDMENT ONE

WHEREAS , Freeport-McMoRan Copper & Gold Inc. (“Company”) maintains a plan known as a Freeport-McMoRan Copper & Gold Inc. Employee Capital Accumulation Program (“FCX-ECAP” or “Plan”) for the benefit of a select group of employees, which Plan was restated December 21, 2001; and

WHEREAS, Section 10.02 of the Plan provides that the Company reserves the right by written action of its Board of Directors, or individual(s) specifically designated by the Board to act on its behalf, to change or discontinue the Plan at any time and such authority was granted to C. Donald Whitmire, Jr. on March 16, 2001;

NOW, THEREFORE, the Plan is hereby amended to clarify the eligibility provisions for the Company Savings contributions, as follows:

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