Common use of Detrimental Conduct or Activity Clause in Contracts

Detrimental Conduct or Activity. If the Participant engages in conduct or activity that is detrimental to the Company, including but not limited to violating Sections 8(b) and 8(c) of this Agreement, after the RSUs are paid, or if the Company learns of the detrimental conduct or activity after the RSUs are paid, and such conduct occurred less than one year after the Participant's employment with the Company ended, the following shall apply. (i) If the Participant retired, the Participant shall not be entitled to receive payment of any Shares that would otherwise be payable to the Participant with respect to the last award of Restricted Stock Units granted to the Participant before his termination of employment due to retirement. (ii) In all other cases, the Participant shall repay to the Company the equivalent of the value of Shares received as of the payment date determined under Section 3 of this Agreement within thirty (30) days of receiving a demand from the Company for the repayment of the award.

Detrimental Conduct or Activity. If the Participant engages in conduct or activity that is detrimental to the Company, including but not limited to violating Sections 8(b10(b) and 8(c10(c) of this Agreement, after the RSUs Performance Share Units are paid, or if the Company learns of the detrimental conduct or activity after the RSUs Performance Share Units are paid, and such conduct occurred less than one year after the Participant's employment with the Company ended, the following shall apply. (i) If the Participant retired, the Participant shall not be entitled to receive payment of any Shares that would otherwise be payable to the Participant with respect to the last award of Restricted Stock Performance Share Units granted to the Participant before his termination of employment due to retirement. (ii) In all other cases, the Participant shall repay to the Company the equivalent of the value of Shares received as of the payment date determined under Section 3 5 of this Agreement within thirty (30) days of receiving a demand from the Company for the repayment of the award.

Detrimental Conduct or Activity. If the Participant engages in conduct or activity that is detrimental to the Company, including but not limited to violating Sections 8(b11(b) and 8(c11(c) of this Agreement, after the RSUs Performance Share Units are paid, or if the Company learns of the detrimental conduct or activity after the RSUs Performance Share Units are paid, and such conduct occurred less than one year after the Participant's employment with the Company ended, the following shall apply. (i) If the Participant retired, the Participant shall not be entitled to receive payment of any Shares that would otherwise be payable to the Participant with respect to the last award of Restricted Stock Performance Share Units granted to the Participant before his termination of employment due to retirement. (ii) In all other cases, the Participant shall repay to the Company the equivalent of the value of Shares received as of the payment date determined under Section 3 6 of this Agreement within thirty (30) days of receiving a demand from the Company for the repayment of the award.