Common use of Decisions of Board or Committee Clause in Contracts

Decisions of Board or Committee. Subject to the last sentence of this Section 3.9, the Board or the Committee shall have the right to resolve all questions and make all determinations which may arise in connection with the Option or its exercise (which rights the Committee shall exercise reasonably and in good faith), and any interpretation, determination or other action so made or taken by the Board or the Committee regarding the Plan or this Agreement shall be final, binding and conclusive. Notwithstanding the foregoing, the determination of "Good Reason," "Change in Control" and "Nonqualifying Termination" shall be determined by mutual agreement of the Board or the Committee, on the one hand, and the Optionee, on the other hand, or failing such agreement by a court of competent jurisdiction.

Decisions of Board or Committee. Subject to the last sentence of this Section 3.96.8, the Board or the Committee shall have the right to resolve all questions and make all any determinations which may arise in connection with the Option or its exercise Award (which rights the Committee shall exercise be exercised reasonably and in good faith), and any . Any interpretation, determination or other action so made or taken by the Board or the Committee regarding the Plan or this Agreement shall be final, binding and conclusive. Notwithstanding the foregoing, the determination of "Good Reason," "Change in Control" and "Nonqualifying Termination" shall be determined by mutual agreement of the Board or the Committee, on the one hand, and the OptioneeHolder, on the other hand, or failing such agreement agreement, by a court of competent jurisdiction.