Common use of Forfeiture or Repayment Resulting from Forfeiture Event Clause in Contracts

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board may, but is not obligated to, cause all of the Participant’s unvested Phantom Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Units granted under this Award Agreement that have vested, the Board may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units as of the date such Phantom Units vested or (ii) the value of such previously vested Phantom Units as of the date on which the Board makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Company any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Units Restricted Shares to be forfeited by the Participant and returned to the CompanyCorporation. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Units Restricted Shares granted under this Award Agreement that have vested, the Board Committee may, but is not obligated to, require that the Participant pay to the Company Corporation an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units Restricted Shares as of the date such Phantom Units shares vested or (ii) the value of such previously vested Phantom Units Restricted Shares as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) days of receipt from the Company Corporation of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 4 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company Corporation with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 4 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the foregoing or any other provision of this Award Agreement to the contrary, the Participant agrees that the Company Corporation may also require that the Participant repay to the Company Corporation any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Common Stock is listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Restricted Stock Units and vested, but unpaid Restricted Stock Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Restricted Stock Units granted under this Award Agreement that have vestedvested and have been paid to the Participant, the Board Committee may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Restricted Stock Units as of the date such Phantom Restricted Stock Units vested or (ii) the value of such previously vested Phantom Restricted Stock Units as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 5 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 5 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the foregoing or any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Company any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Common Stock is listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board may, but is not obligated to, cause all of the Participant’s unvested Phantom Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Units granted under this Award Agreement that have vested, the Board may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units as of the date such Phantom Units vested or (ii) the value of such previously vested Phantom Units as of the date on which the Board makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 8 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 8 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Company any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board may, but is not obligated to, cause all of the Participant’s unvested Phantom Units and vested, but unpaid Phantom Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Units granted under this Award Agreement that have vestedvested and have been paid to the Participant, the Board may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units as of the date such Phantom Units vested or (ii) the value of such previously vested Phantom Units as of the date on which the Board makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 8 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 8 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Partnership (or the Company or an Affiliate) any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board may, but is not obligated to, cause all of the Participant’s unvested Phantom Units and vested, but unpaid Phantom Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Units granted under this Award Agreement that have vestedvested and have been paid to the Participant, the Board may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units as of the date such Phantom Units vested or (ii) the value of such previously vested Phantom Units as of the date on which the Board makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 8 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 8 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Company any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board may, but is not obligated to, cause all of the Participant’s unvested Phantom Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Units granted under this Award Agreement that have vested, the Board may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units as of the date such Phantom Units vested or (ii) the value of such previously vested Phantom Units as of the date on which the Board makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 7 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 7 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Company any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during (as defined in Paragraph 13) prior to the Participant’s Employment or within two years after termination of the Participant’s EmploymentVesting Date, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Restricted Stock Units to be forfeited by the Participant and returned to the CompanyCorporation. (b) If there is a Forfeiture Event either during occurring after the Participant’s Employment or within two years after Vesting Date but prior to the second anniversary of the date of the termination of the Participant’s Employmentemployment with the Corporation, then with respect to Phantom Restricted Stock Units granted under this Award Agreement that have vested, the Board Committee may, but is not obligated to, require that the Participant pay to the Company Corporation an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Restricted Stock Units as of the date such Phantom Restricted Stock Units vested or (ii) the value of such previously vested Phantom Restricted Stock Units as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company Corporation of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 5 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company Corporation with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 5 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the foregoing or any other provision of this Award Agreement to the contrary, the Participant agrees that the Company Corporation may also require that the Participant repay to the Company Corporation any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Common Stock is listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Units Restricted Shares to be forfeited by the Participant and returned to the CompanyCorporation. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Units Restricted Shares granted under this Award Agreement that have vested, the Board Committee may, but is not obligated to, require that the Participant pay to the Company Corporation an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units Restricted Shares as of the date such Phantom Units shares vested or (ii) the value of such previously vested Phantom Units Restricted Shares as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company Corporation of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 5 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company Corporation with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 5 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the foregoing or any other provision of this Award Agreement to the contrary, the Participant agrees that the Company Corporation may also require that the Participant repay to the Company Corporation any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Common Stock is listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board may, but is not obligated to, cause all of the Participant’s unvested Phantom Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Units granted under this Award Agreement that have vested, the Board may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units as of the date such Phantom Units vested or (ii) the value of such previously vested Phantom Units as of the date on which the Board makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 7 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 7 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Company any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Restricted Stock Units and vested, but unpaid Restricted Stock Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Restricted Stock Units granted under this Award Agreement that have vestedvested and have been paid to the Participant, the Board Committee may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Restricted Stock Units as of the date such Phantom Restricted Stock Units vested or (ii) the value of such previously vested Phantom Restricted Stock Units as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 5 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 5 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the foregoing or any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Company any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership Shares are listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during while the Participant’s Employment Participant is employed or within two years after termination of the Participant’s Employment, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Units Restricted Shares to be forfeited by the Participant and returned to the CompanyCorporation. (b) If there is a Forfeiture Event either during while the Participant’s Employment Participant is employed or within two years after termination of the Participant’s Employment, then with respect to Phantom Units Restricted Shares granted under this Award Agreement that have vested, the Board Committee may, but is not obligated to, require that the Participant pay to the Company Corporation an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units Restricted Shares as of the date such Phantom Units shares vested or (ii) the value of such previously vested Phantom Units Restricted Shares as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) days of receipt from the Company Corporation of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 4 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company Corporation with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 4 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the foregoing or any other provision of this Award Agreement to the contrary, the Participant agrees that the Company Corporation may also require that the Participant repay to the Company Corporation any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Corporation’s common stock is listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during while the Participant’s Employment Participant is employed or within two years after termination of the Participant’s Employment, then the Board may, but is not obligated to, cause all of the Participant’s unvested Phantom Units to be forfeited by the Participant and returned to the Company. (b) If there is a Forfeiture Event either during while the Participant’s Employment Participant is employed or within two years after termination of the Participant’s Employment, then with respect to Phantom Units granted under this Award Agreement that have vested, the Board may, but is not obligated to, require that the Participant pay to the Company an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units as of the date such Phantom Units vested or (ii) the value of such previously vested Phantom Units as of the date on which the Board makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) days of receipt from the Company of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company may also require that the Participant repay to the Company any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Common Units of the Partnership are listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board may, but is not obligated to, cause all of the Participant’s unvested Phantom Restricted Units to be forfeited by the Participant and returned to the CompanyCorporation. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Restricted Units granted under this Award Agreement that have vested, the Board may, but is not obligated to, require that the Participant pay to the Company Corporation an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Restricted Units as of the date such Phantom Restricted Units vested or (ii) the value of such previously vested Phantom Restricted Units as of the date on which the Board makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) days of receipt from the Company Corporation of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company Corporation with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company Corporation may also require that the Participant repay to the Company Corporation any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Common Stock is listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during while the Participant’s Employment Participant is employed or within two years after termination of the Participant’s Employment, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Units Restricted Shares to be forfeited by the Participant and returned to the CompanyCorporation. (b) If there is a Forfeiture Event either during while the Participant’s Employment Participant is employed or within two years after termination of the Participant’s Employment, then with respect to Phantom Units Restricted Shares granted under this Award Agreement that have vested, the Board Committee may, but is not obligated to, require that the Participant pay to the Company Corporation an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Units Restricted Shares as of the date such Phantom Units shares vested or (ii) the value of such previously vested Phantom Units Restricted Shares as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) days of receipt from the Company Corporation of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 4 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company Corporation with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 4 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the any other provision of this Award Agreement to the contrary, the Participant agrees that the Company Corporation may also require that the Participant participant repay to the Company Corporation any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Corporation’s common stock is listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Restricted Stock Units and vested, but unpaid Restricted Stock Units to be forfeited by the Participant and returned to the CompanyCorporation. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Restricted Stock Units granted under this Award Agreement that have vestedvested and have been paid to the Participant, the Board Committee may, but is not obligated to, require that the Participant pay to the Company Corporation an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Restricted Stock Units as of the date such Phantom Restricted Stock Units vested or (ii) the value of such previously vested Phantom Restricted Stock Units as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company Corporation of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 5 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company Corporation with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 5 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the foregoing or any other provision of this Award Agreement to the contrary, the Participant agrees that the Company Corporation may also require that the Participant repay to the Company Corporation any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Common Stock is listed for trading.

Forfeiture or Repayment Resulting from Forfeiture Event. (a) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then the Board Committee may, but is not obligated to, cause all of the Participant’s unvested Phantom Restricted Stock Units to be forfeited by the Participant and returned to the CompanyCorporation. (b) If there is a Forfeiture Event either during the Participant’s Employment or within two years after termination of the Participant’s Employment, then with respect to Phantom Restricted Stock Units granted under this Award Agreement that have vested, the Board Committee may, but is not obligated to, require that the Participant pay to the Company Corporation an amount (the “Forfeiture Amount”) up to (but not in excess of) the lesser of (i) the value of such previously vested Phantom Restricted Stock Units as of the date such Phantom Restricted Stock Units vested or (ii) the value of such previously vested Phantom Restricted Stock Units as of the date on which the Board Committee makes a demand for payment of the Forfeiture Amount. Any Forfeiture Amount shall be paid by the Participant within sixty (60) 60 days of receipt from the Company Corporation of written notice requiring payment of such Forfeiture Amount. (c) This Paragraph 6 5 shall apply notwithstanding any provision of this Award Agreement to the contrary and is meant to provide the Company Corporation with rights in addition to any other remedy which may exist in law or in equity. This Paragraph 6 5 shall not apply to the Participant following the effective time of a Change in Control. (d) Notwithstanding the foregoing or any other provision of this Award Agreement to the contrary, the Participant agrees that the Company Corporation may also require that the Participant repay to the Company Corporation any compensation paid to the Participant under this Award Agreement, as is required by the provisions of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations thereunder or any other “clawback” provisions as required by law or by the applicable listing standards of the exchange on which the Units of the Partnership are Common Stock is listed for trading.