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 in this Article II, no provisions of this Agreement, including, without limitation, the agreement of PEI or PriceSmart to make a contribution or payment to or under any Plan herein referred to for any period, shall be construed as a limitation on the right of PEI or PriceSmart to amend such Plan or terminate its participation therein which PEI or 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 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 in this Article IIherein, no provisions of this Agreement, including, without limitation, the agreement of PEI Company or PriceSmart Lakes 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 PEI Company or PriceSmart Lakes to amend such Plan or terminate its participation therein which PEI Company or PriceSmart 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 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 in this Article IIherein, no provisions of this Agreement, including, without limitation, the agreement of PEI Hilton or PriceSmart Park Place 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 PEI Hilton or PriceSmart Park Place to amend such Plan or terminate its participation therein which PEI Hilton or PriceSmart 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 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 in this Article IIherein, no provisions provision of this Agreement, including, including without limitation, limitation the agreement of PEI Parent or PriceSmart Subsidiary 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 any right of PEI Parent or PriceSmart Subsidiary to amend such Plan or terminate its participation therein which PEI that Parent or PriceSmart 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 party shall amend any Plan to the extent that such amendment would have the effect of increasing the liabilities Liabilities of the other Party party under any Plan of the other Partyparty, without such other Party's party’s consent.

Preservation of Right To Amend or Terminate Plans. Except as otherwise expressly provided in this Article II, no provisions of this Agreement, including, without limitation, the agreement of PEI Culbro, Holdings or PriceSmart CLR to make a contribution or payment to or under any Plan herein referred to for any period, shall be construed as a limitation on the right of PEI Culbro Holdings or PriceSmart CLR to amend such Plan or terminate its participation therein which PEI Holdings or PriceSmart 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 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.