Common use of Contran and Harold C Clause in Contracts

Contran and Harold C. Simmons, the chairman xx xxx xxxxx xx Contran and a resident of Dallas, Texas ("Simmons"), have entered into thxx xxxxain Amended and Restated 1984 Deferred Compensation Agreement as of January 1, 2004 (Originally Established October 31, 1984) (along with any further amendments, the "Deferred Compensation Agreement"). Pursuant to the Deferred Compensation Agreement, Contran has an obligation to pay Simmons upon the occurrence ox xxxxxin events (a "Payout Event") the value of Simmons's deferred compensatiox xxxxxxx established by the Deferred Compensation Agreement, less the value of assets concurrently distributed to him at the time by the trustee of the Amended and Restated Contran Deferred Compensation Trust No. 2 as of January 1, 2004 (the "CDCT No. 2").

Contran and Harold C. Simmons, the chairman xx xxx xxxxx xx Contran and a resident of Dallas, Texas ("Simmons"), have entered into thxx xxxxain Amended and Restated 1984 1993 Deferred Compensation Agreement as of January 1, 2004 (Originally Established October 31December 29, 19841993) (along collectively with any further amendments, the "Deferred Compensation Agreement"). Pursuant to the Deferred Compensation Agreement, Contran has an obligation to pay Simmons upon the occurrence ox xxxxxin of xxxxxxx events (a "Payout Event") the value of Simmons's deferred compensatiox compensation xxxxxxx established by the Deferred Compensation Agreement, less the value of assets concurrently distributed to him at the time by the trustee of the Amended and Restated Contran Deferred Compensation Trust No. 2 1 as of January 1, 2004 (the "CDCT No. 2CDCT").