Common use of Modification of Performance Goals Clause in Contracts

Modification of Performance Goals. The Committee is authorized at any time to adjust or modify the calculation of a Performance Goal for such Performance Period, based on and in order to appropriately reflect any specified circumstance or event that occurs during a Performance Period, including but not limited to the following: (i) asset write-downs; (ii) litigation or claim judgments or settlements; (iii) the effect of changes in tax laws, accounting principles, or other laws or regulatory rules affecting reported results; (iv) any reorganization and restructuring programs; (v) unusual and/or infrequently occurring items as described in Accounting Principles Board Opinion No. 30 (or any successor pronouncement thereto) and/or in management’s discussion and analysis of financial condition and results of operations appearing in the Company’s annual report to stockholders for the applicable year; (vi) acquisitions or divestitures; (vii) discontinued operations; (viii) any other specific unusual or infrequently occurring or non-recurring events, or objectively determinable category thereof; (ix) foreign exchange gains and losses; and (x) a change in the Company’s fiscal year.

Modification of Performance Goals. The Committee is authorized at any time to adjust or modify the calculation of a Performance Goal for such Performance Period, based on and in order to appropriately reflect any specified circumstance or event that occurs during a Performance Period, including but not limited to the following: (i) asset write-downs; downs; (ii) litigation or claim judgments or settlements; settlements; (iii) the effect of changes in tax laws, accounting principles, or other laws or regulatory rules affecting reported results; results; (iv) any reorganization and restructuring programs; programs; (v) unusual and/or infrequently occurring items as described in Accounting Principles Board Opinion No. 30 (or any successor pronouncement thereto) and/or in management’s discussion and analysis of financial condition and results of operations appearing in the Company’s annual report to stockholders for the applicable year; year; (vi) acquisitions or divestitures; divestitures; (vii) discontinued operations; operations; (viii) any other specific unusual or infrequently occurring or non-recurring events, or objectively determinable category thereof; thereof; (ix) foreign exchange gains and losses; losses; and (x) a change in the Company’s fiscal year.