Common use of Earned Units Clause in Contracts

Earned Units. Whether and to what degree the Units will have been earned (the “Earned Units”) during the period starting on October 1, 2017 and ending on September 30, 2018 (the “Performance Period”) will be determined by whether and to what degree the Company has satisfied the applicable performance goal(s) for the Performance Period as set forth in Appendix A to this Agreement, and whether and to what degree the Committee has chosen to exercise its discretion to decrease the number of Units otherwise deemed to have been earned. The Participant acknowledges that in order to facilitate qualifying this Award as “performance-based compensation” for purposes of Section 162(m) of the Code, the Committee expects to exercise such discretion and to be guided in the exercise of such discretion based on the degree to which the Company has satisfied during the Performance Period the additional performance parameters specified in Appendix A. Any Units that are not designated as Earned Units at the conclusion of the Performance Period in accordance with this Section 3 will be forfeited.

Earned Units. Whether and to what degree the Units will have been earned (the “Earned Units”) during the period starting on October 1, 2017 2015 and ending on September 30, 2018 2016 (the “Performance Period”) will be determined by whether and to what degree the Company has satisfied the applicable performance goal(s) for the Performance Period as set forth in Appendix A to this Agreement, and whether and to what degree the Committee has chosen to exercise its discretion to decrease the number of Units otherwise deemed to have been earned. The Participant acknowledges that in order the number of Units deemed to facilitate qualifying this Award as “performance-have been earned based compensation” for purposes of Section 162(m) of the Code, the Committee expects to exercise such discretion on whether and to be guided in the exercise of such discretion based on the what degree to which the Company has satisfied during the applicable performance goal(s) for the Performance Period may be adjusted downward, including to zero, by the additional performance parameters specified Committee in Appendix A. its sole and absolute discretion based on such factors as the Committee determines to be appropriate and/or advisable. Any Units that are not designated as Earned Units at the conclusion of the Performance Period in accordance with this Section 3 will be forfeited.

Earned Units. Whether and to what degree the Units will have been earned (the “Earned Units”) during the period starting on October 1, 2017 2014 and ending on September 30, 2018 2015 (the “Performance Period”) will be determined by whether and to what degree the Company has satisfied the applicable performance goal(s) for the Performance Period as set forth in Appendix A to this Agreement, and whether and to what degree the Committee has chosen to exercise its discretion to decrease the number of Units otherwise deemed to have been earned. The Participant acknowledges that in order the number of Units deemed to facilitate qualifying this Award as “performance-have been earned based compensation” for purposes of Section 162(m) of the Code, the Committee expects to exercise such discretion on whether and to be guided in the exercise of such discretion based on the what degree to which the Company has satisfied during the applicable performance goal(s) for the Performance Period may be adjusted downward, including to zero, by the additional performance parameters specified Committee in Appendix A. its sole and absolute discretion based on such factors as the Committee determines to be appropriate and/or advisable. Any Units that are not designated as Earned Units at the conclusion of the Performance Period in accordance with this Section 3 will be forfeited.

Earned Units. Whether and to what degree the Units will have been earned (the “Earned Units”) during the period starting on October 1, 2017 2016 and ending on September 30, 2018 2017 (the “Performance Period”) will be determined by whether and to what degree the Company has satisfied the applicable performance goal(s) for the Performance Period as set forth in Appendix A to this Agreement, and whether and to what degree the Committee has chosen to exercise its discretion to decrease the number of Units otherwise deemed to have been earned. The Participant acknowledges that in order the number of Units deemed to facilitate qualifying this Award as “performance-have been earned based compensation” for purposes of Section 162(m) of the Code, the Committee expects to exercise such discretion on whether and to be guided in the exercise of such discretion based on the what degree to which the Company has satisfied during the applicable performance goal(s) for the Performance Period may be adjusted downward, including to zero, by the additional performance parameters specified Committee in Appendix A. its sole and absolute discretion based on such factors as the Committee determines to be appropriate and/or advisable. Any Units that are not designated as Earned Units at the conclusion of the Performance Period in accordance with this Section 3 will be forfeited.

Earned Units. Whether and to what degree the Units will have been earned (the “Earned Units”) during the period starting on October 1, 2017 and ending on September 30, 2018 (the “Performance Period”) will be determined by whether and to what degree the Company has satisfied the applicable performance goal(s) for the Performance Period as set forth in Appendix A to this Agreement, and whether and to what degree the Committee has chosen to exercise its discretion to decrease the number of Units otherwise deemed to have been earned. The Participant acknowledges that in order the number of Units deemed to facilitate qualifying this Award as “performance-have been earned based compensation” for purposes of Section 162(m) of the Code, the Committee expects to exercise such discretion on whether and to be guided in the exercise of such discretion based on the what degree to which the Company has satisfied during the applicable performance goal(s) for the Performance Period may be adjusted downward, including to zero, by the additional performance parameters specified Committee in Appendix A. its sole and absolute discretion based on such factors as the Committee determines to be appropriate and/or advisable. Any Units that are not designated as Earned Units at the conclusion of the Performance Period in accordance with this Section 3 will be forfeited.

Earned Units. Whether and to what degree the Units will have been earned (the “Earned Units”) during the period starting on October 1, 2017 2013 and ending on September 30, 2018 2014 (the “Performance Period”) will be determined by whether and to what degree the Company has satisfied the applicable performance goal(s) for the Performance Period as set forth in Appendix A to this Agreement, and whether and to what degree the Committee has chosen to exercise its discretion to decrease the number of Units otherwise deemed to have been earned. The Participant acknowledges that in order the number of Units deemed to facilitate qualifying this Award as “performance-have been earned based compensation” for purposes of Section 162(m) of the Code, the Committee expects to exercise such discretion on whether and to be guided in the exercise of such discretion based on the what degree to which the Company has satisfied during the applicable performance goal(s) for the Performance Period may be adjusted downward, including to zero, by the additional performance parameters specified Committee in Appendix A. its sole and absolute discretion based on such factors as the Committee determines to be appropriate and/or advisable. Any Units that are not designated as Earned Units at the conclusion of the Performance Period in accordance with this Section 3 will be forfeited.