Common use of Amendment, Modification or Termination Clause in Contracts

Amendment, Modification or Termination. The Committee may amend, modify or terminate any outstanding Option at any time prior to exercise and any Restricted Stock at any time prior to vesting in any manner not inconsistent with the terms of the Plan. If Options or Restricted Stock are intended to qualify as performance-based compensation under Section 162(m) of the Code, the Committee may not use its discretion to increase the compensation payable to the Employee hereunder in violation of the “performance-based compensation” requirements of Section 162(m) of the Code. Notwithstanding the foregoing, no amendment, modification or termination may materially impair the rights of an Employee hereunder without the consent of the Employee.

Amendment, Modification or Termination. The Committee may amend, modify modify, or terminate any outstanding Option at any time prior to exercise and any Restricted Stock Incentive at any time prior to vesting in any manner not inconsistent with the terms of the Plan. If Options or Restricted Stock are For any Incentive that is intended to qualify as performance-based compensation under Section 162(m) of the Code, the Committee may not use its discretion to increase the compensation payable to the Employee hereunder in violation of the “performance-based compensation” requirements of Section 162(m) of the Code. Notwithstanding the foregoing, except as provided in Section 5.2(a), no amendment, modification modification, or termination may materially impair the rights of an Employee hereunder under this Agreement without the written consent of the Employee.

Amendment, Modification or Termination. The Committee may amend, modify modify, or terminate any outstanding Option at any time prior to exercise and any Restricted Stock at any time prior to vesting in any manner not inconsistent with the terms of the applicable Plan. If Options or the Restricted Stock are is intended to qualify as performance-based compensation under Section 162(m) of the Code, the Committee may not use its discretion to increase the compensation payable to the Employee hereunder in violation of the “performance-based compensation” requirements of Section 162(m) of the Code. Notwithstanding the foregoing, no amendment, modification modification, or termination may materially impair the rights of an Employee hereunder without the consent of the Employee.