Common use of Rule of 75 Clause in Contracts

Rule of 75. Notwithstanding anything to the contrary in this Section 3, if Participant retires from the Company at a time when the sum of his or her age in whole years and his or her years of service with the Company (as determined in a manner consistent with the method used for purposes of determining vesting under the Comfort Systems USA, Inc. 401(k) Plan) is at least 75, Participant shall be deemed to satisfy the continuous employment condition set forth in Sections 3(a) and 3(b) and such Tranche 1 Units and Tranche 2 Units shall remain eligible to vest. The number of Earned Tranche 1 Units and Earned Tranche 2 Units will in each case be determined in accordance with the provisions of Sections 3(a) and 3(b), provided, however, the maximum number of Earned Tranche 1 Units shall not exceed the number of Tranche 1 Units that would become Earned Tranche 1 Units if the Company’s Total Shareholder Return Rank was equal to 50% and the number of Earned Tranche 2 Units shall not exceed the number of Tranche 2 Units that would become Earned Tranche 2 Units if the Company’s Average Adjusted EPS Percentage is equal to 100%. Delivery of Shares with respect to any Tranche 1 Units and Tranche 2 Units that become vested hereunder, if any, shall be made by the Company during the calendar year immediately following the end of the Performance Period.

Rule of 75. Notwithstanding anything to the contrary in this Section 3, if the Participant retires from the Company at a time when the sum of his or her age in whole years and his or her years of service with the Company (as determined in a manner consistent with the method used for purposes of determining vesting under the Comfort Systems USA, Inc. 401(k) Plan) is at least 75, the Units shall remain outstanding following such retirement and the Participant shall be deemed to satisfy the continuous employment condition set forth in Sections 3(a) and 3(b) and such the Tranche 1 Units and Tranche 2 Units shall remain eligible to vestvest on the Determination Date. The number of Earned Tranche 1 Units and Earned Tranche 2 Units will in each case be determined in accordance with the provisions of Sections 3(a) and 3(b), provided, however, that the maximum number of Earned Tranche 1 Units shall not exceed the number of Tranche 1 Units that would become Earned Tranche 1 Units if the Company’s Total Shareholder Return Rank was equal to 50% and the number of Earned Tranche 2 Units shall not exceed the number of Tranche 2 Units that would become Earned Tranche 2 Units if the Company’s Average Adjusted EPS Percentage is was equal to 100%. Delivery of Shares with respect to any Tranche 1 Units and Tranche 2 Units that become vested hereunder, if any, shall be made by the Company during the calendar year immediately following the end of the Performance Period.

Rule of 75. Notwithstanding anything to the contrary in this Section 3, if the Participant retires from the Company at a time when the sum of his or her age in whole years (but which partial years may be combined with partial years of service to the extent that such combination equates to a whole year) and his or her years of service with the Company (as determined in a manner consistent with the method used for purposes of determining vesting under the Comfort Systems USA, Inc. 401(k) Plan) is at least 75, the Units shall remain outstanding following such retirement and the Participant shall be deemed to satisfy the continuous employment condition set forth in Sections 3(a) and 3(b) and such the Tranche 1 Units and ​ Tranche 2 Units shall remain eligible to vestvest on the Determination Date. The number of Earned Tranche 1 Units and Earned Tranche 2 Units will in each case be determined in accordance with the provisions of Sections 3(a) and 3(b), provided, however, that the maximum number of Earned Tranche 1 Units shall not exceed the number of Tranche 1 Units that would become Earned Tranche 1 Units if the Company’s Total Shareholder Return Rank was equal to 50% and the number of Earned Tranche 2 Units shall not exceed the number of Tranche 2 Units that would become Earned Tranche 2 Units if the Company’s Average Adjusted EPS Percentage is was equal to 100%. Delivery of Shares with respect to any Tranche 1 Units and Tranche 2 Units that become vested hereunder, if any, shall be made by the Company during the calendar year immediately following the end of the Performance Period.