Common use of Amendments and Conflicting Agreements Clause in Contracts

Amendments and Conflicting Agreements. This Agreement may be amended by a written instrument executed by the parties which specifically states that it is amending this Agreement or by a written instrument executed by the Corporation which so states if such amendment is not adverse to the Participant or relates to administrative matters. Subject to the next sentence, if there is a conflict or inconsistency between this Agreement and the Plan, the Plan shall govern. Notwithstanding anything contained herein or in the Plan to the contrary, to the extent that any severance agreement (including any agreement related to a change in control of the Corporation, however defined) provides rights, terms or conditions that are more favorable to the Participant than those provided in this Agreement or the Plan, such more favorable rights, terms and conditions shall govern.

Appears in 5 contracts

Samples: Restricted Stock Agreement (Graftech International LTD), Restricted Stock Agreement (Graftech International LTD), Performance Share Award Agreement (Graftech International LTD)

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