Common use of Incentive, Savings and Retirement Plans Clause in Contracts

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee shall be entitled to participate in all incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer and its affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer and its affiliated companies for the Employee under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or if more favorable to the Employee, those provided generally at any time after the Effective Date to other peer executives of the Employer and its affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment --------------------------------------- Period, the Employee Executive shall be entitled to participate in all incentive, savings and retirement plans, practices, policies policies, and programs applicable generally to other peer executives of the Employer Company and its the affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its the affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its the affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companiesAffiliates, including, but not limited to, those specified in Exhibit A attached hereto, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies Affiliates for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companiesAffiliates.

Incentive, Savings and Retirement Plans. During the Employment --------------------------------------- Period, the Employee Executive shall be entitled to participate in all cash incentive, equity incentive, savings and retirement plans, practices, policies policies, and programs applicable generally to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies the Affiliated Companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled eligible to participate in all incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but PROVIDED, HOWEVER, that after the Effective Date in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies, after taking into account the difference in age between the Executive and the peer executives.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all incentivequalified and non-qualified incentive (cash and stock related), savings and retirement plans, and/or comparable practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all incentive, profit-sharing, stock option, stock award, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all cash incentive, equity incentive, savings and retirement plans, practices, policies policies, and programs applicable generally to other peer executives of the Partnership, the Employer and its affiliated companiesthe Affiliated Companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Partnership, the Employer and its affiliated companies the Affiliated Companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Partnership, the Employer and its affiliated companiesthe Affiliated Companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all cash incentive, equity incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies the Affiliated Companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies.

Incentive, Savings and Retirement Plans. During the Employment PeriodTerm, --------------------------------------- the Employee Executive shall be entitled to participate in all incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day twelve (12) month period immediately preceding the Effective Date or Date, or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all cash incentive, equity incentive, savings and retirement plans, practices, policies policies, and programs applicable generally to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies the Affiliated Companies for the Employee Executive under such plansplans , practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee shall be entitled to participate in all cash incentive, equity incentive, savings and retirement plans, practices, policies policies, and programs applicable generally to other peer executives Employees of the Employer Company and its affiliated companiesthe Affiliated Companies, but in no event shall such plans, practices, policies and programs provide the Employee with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies the Affiliated Companies for the Employee under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the Employee, those provided generally at any time after the Effective Date to other peer executives Employees of the Employer Company and its affiliated companiesthe Affiliated Companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all incentivequalified and nonqualified incentive (cash and stock related), savings and retirement plans, and/or comparable practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee shall be entitled to participate in all incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee with incentive opportunities (measured measure with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or if more favorable to the Employee, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all cash incentive, equity incentive, savings and retirement plans, practices, policies policies, and programs applicable generally to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies the Affiliated Companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120180-day period immediately preceding the Effective Date or or, if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event event, except with the prior written consent of the Executive, shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date date hereto or if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee shall be entitled to participate in all cash incentive, equity incentive, savings and retirement plans, practices, policies policies, and programs applicable generally to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies, but in no event shall such plans, practices, policies and programs provide the Employee with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies the Affiliated Companies for the Employee under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or or, if more favorable to the Employee, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companiesthe Affiliated Companies.

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled to participate in all incentive, profit-sharing, stock option, stock award, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.. Welfare

Incentive, Savings and Retirement Plans. During the Employment Period, the Employee Executive shall be entitled eligible to participate in all incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but provided further that after the Effective Date in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special spe cial incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorablefavor able, in the aggregate, than the most favorable of those provided pro vided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately immedi ately preceding the Effective Date or if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies, after taking into account the difference in age between the Executive and the peer executives.

Incentive, Savings and Retirement Plans. During the --------------------------------------- Employment Period, the Employee Executive shall be entitled to participate in all incentive, savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event shall such plans, practices, policies and programs (other than equity-based incentives) provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 12090-day period immediately preceding the Effective Date or if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.

Incentive, Savings and Retirement Plans. During the Employment --------------------------------------- Period, the Employee Executive shall be entitled to participate in all incentiveincentive (including stock option or similar incentive plans), savings and retirement plans, practices, policies and programs applicable generally to other peer executives of the Employer Company and its affiliated companies, but in no event shall such plans, practices, policies and programs provide the Employee Executive with incentive opportunities (measured with respect to both regular and special incentive opportunities, to the extent, if any, that such distinction is applicable), savings opportunities and retirement benefit opportunities, in each case, less favorable, in the aggregate, than the most favorable of those provided by the Employer Company and its affiliated companies for the Employee Executive under such plans, practices, policies and programs as in effect at any time during the 120-day period immediately preceding the Effective Date or if more favorable to the EmployeeExecutive, those provided generally at any time after the Effective Date to other peer executives of the Employer Company and its affiliated companies.