Common use of Discontinuance of Annual Performance Bonus Described in Paragraph 4 Clause in Contracts

Discontinuance of Annual Performance Bonus Described in Paragraph 4. a. Employee acknowledges that the Company has discontinued its historical annual performance bonus program applicable to all executive officers for calendar years beginning in 2001. Employee acknowledges and agrees that any future bonus shall be in the total discretion of the Board of the Directors of Kaiser, except for: (i) any bonus pursuant to the long term Transaction Incentive Plan described in Paragraph 4.b.; and (ii) any bonus described in Paragraph 12.

Discontinuance of Annual Performance Bonus Described in Paragraph 4. a. Employee acknowledges that the Company has discontinued its historical annual performance bonus program applicable to all executive officers for calendar years beginning in 2001. Employee acknowledges and agrees that any future bonus shall be in the total discretion of the Board of the Directors of Kaiser, except for: (i) the Retention Bonus described in Paragraph 4.b.; (ii) any bonus pursuant to the long term Transaction Incentive Plan described in Paragraph 4.b4.c.; and (iiiii) any bonus described in Paragraph 12.