Common use of Recoupment of Incentive Compensation Policy Clause in Contracts

Recoupment of Incentive Compensation Policy. Notwithstanding any other provision of this Agreement to the contrary, the Phantom Stock Units, any cash or shares of Common Stock issued in settlement of the Phantom Stock Units, and any amount received with respect to any sale of any such shares of Common Stock, shall be subject to potential cancellation, recoupment, rescission, payback or other action in accordance with the terms of the Company’s Recoupment of Incentive Compensation Policy, as it may be amended from time to time (the “Policy”). The Employee agrees and consents to the Company’s application, implementation and enforcement of (a) the Policy and (b) any provision of applicable law relating to cancellation, rescission, payback or recoupment of compensation, and expressly agrees that the Company may take such actions as are necessary to effectuate the Policy or applicable law without further consent or action being required by the Employee. To the extent that the terms of this Agreement and the Policy conflict, then the terms of the Policy shall prevail.

Recoupment of Incentive Compensation Policy. Notwithstanding any other provision of this Agreement to the contrary, the Phantom Stock RS Units, any cash or shares of Common Stock issued in settlement of the Phantom Stock RS Units, and any amount received with respect to any sale of any such shares of Common Stock, shall be subject to potential cancellation, recoupment, rescission, payback or other action in accordance with the terms of the Company’s Recoupment of Incentive Compensation Policy, as it may be amended from time to time (the “Policy”). The Employee agrees and consents to the Company’s application, implementation and enforcement of (a) the Policy and (b) any provision of applicable law relating to cancellation, rescission, payback or recoupment of compensation, and expressly agrees that the Company may take such actions as are necessary to effectuate the Policy or applicable law without further consent or action being required by the Employee. To the extent that the terms of this Agreement and the Policy conflict, then the terms of the Policy shall prevail.