Common use of Preservation of Right To Amend or Terminate Plans Clause in Contracts

Preservation of Right To Amend or Terminate Plans. Except as otherwise expressly provided herein, no provisions of this Agreement, including, without limitation, the agreement of Company or Lakes to make a contribution or payment to or under any Plan referred to herein for any period, shall be construed as a limitation on the right of Company or Lakes to amend such Plan or terminate its participation therein which Company or Lakes would otherwise have under the terms of such Plan or otherwise; and no provision of this Agreement shall be construed to create a right in any employee or former employee, or dependent or beneficiary of such employee or former employee under a Plan which such person would not otherwise have under the terms of the Plan itself; provided, however, that neither party shall amend any Plan to the extent that such amendment would have the effect of increasing the liabilities of the other party under any Plan of the other party, without such other party's consent.

Preservation of Right To Amend or Terminate Plans. Except as otherwise expressly provided hereinin this Article II, no provisions of this Agreement, including, without limitation, the agreement of Company PEI or Lakes PriceSmart to make a contribution or payment to or under any Plan herein referred to herein for any period, shall be construed as a limitation on the right of Company PEI or Lakes PriceSmart to amend such Plan or terminate its participation therein which Company PEI or Lakes PriceSmart would otherwise have under the terms of such Plan or otherwise; , and no provision of this Agreement shall be construed to create a right in any employee or former employee, or dependent or beneficiary of such employee or former employee under a Plan which such person would not otherwise have under the terms of the Plan itself; provided, however, that neither party Party shall amend any Plan to the extent that such amendment would have the effect of increasing the liabilities of the other party Party under any Plan of the other partyParty, without such other partyParty's consent.

Preservation of Right To Amend or Terminate Plans. Except as otherwise expressly provided herein, no provisions of this Agreement, including, without limitation, the agreement of Company Hilton or Lakes Park Place to make a contribution or payment to or under any Plan referred to herein for any period, shall be construed as a limitation on the right of Company Hilton or Lakes Park Place to amend such Plan or terminate its participation therein which Company Hilton or Lakes Park Place would otherwise have under the terms of such Plan or otherwise; , and no provision of this Agreement shall be construed to create a right in any employee or former employee, or dependent or beneficiary of such employee or former employee under a Plan which such person would not otherwise have under the terms of the Plan itself; providedPROVIDED, howeverHOWEVER, that neither party shall amend any Plan to the extent that such amendment would have the effect of increasing the liabilities of the other party under any Plan of the other party, without such other party's consent.

Preservation of Right To Amend or Terminate Plans. Except as otherwise expressly provided herein, no provisions provision of this Agreement, including, including without limitation, limitation the agreement of Company Parent or Lakes Subsidiary to make a contribution or payment to or under any Plan referred to herein for any period, shall be construed as a limitation on the any right of Company Parent or Lakes Subsidiary to amend such Plan or terminate its participation therein which Company that Parent or Lakes Subsidiary would otherwise have under the terms of such Plan or otherwise; and no provision of this Agreement shall be construed to create a right in any employee Employee or former employeeEmployee, or dependent or beneficiary of such employee Employee or former employee Employee under a Plan which that such person individual would not otherwise have under the terms of the Plan itself; provided, however, that neither party shall amend any Plan to the extent that such amendment would have the effect of increasing the liabilities Liabilities of the other party under any Plan of the other party, without such other party's ’s consent.

Preservation of Right To Amend or Terminate Plans. Except as otherwise expressly provided hereinin this Article II, no provisions of this Agreement, including, without limitation, the agreement of Company Culbro, Holdings or Lakes CLR to make a contribution or payment to or under any Plan herein referred to herein for any period, shall be construed as a limitation on the right of Company Culbro Holdings or Lakes CLR to amend such Plan or terminate its participation therein which Company Holdings or Lakes CLR would otherwise have under the terms of such Plan or otherwise; , and no provision of this Agreement shall be construed to create a right in any employee or former employee, or dependent or beneficiary of such employee or former employee under a Plan which such person would not otherwise have under the terms of the Plan itself; provided, however, that neither party Party shall amend any Plan to the extent that such amendment would have the effect of increasing the liabilities of the other party Party under any Plan of the other partyParty, without such other partyParty's consent.