Common use of Scope of Limitation Clause in Contracts

Scope of Limitation. This Article 15 shall apply to an Award only if: (a) The independent auditors selected for this purpose by the Committee (the “Auditors”) determine that the after-tax value of such Award to the Participant, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Participant (including the excise tax under section 4999 of the Code), will be greater after the application of this Article 15 than it was before the application of this Article 16; or (b) The Committee, at the time of making an Award under the Plan or at any time thereafter, specifies in writing that such Award shall be subject to this Article 15 (regardless of the after-tax value of such Award to the Participant). If this Article 15 applies to an Award, it shall supersede any contrary provision of the Plan or of any Award granted under the Plan.

Scope of Limitation. This Article 15 17 shall apply to an Award only if: (a) The independent auditors most recently selected for this purpose by the Committee Board (the “Auditors”) determine that the after-tax value of such Award to the Participant, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Participant (including the excise tax under section 4999 of the Code), will be greater after the application of this Article 15 17 than it was before the application of this Article 1617; or (b) The Committee, at the time of making an Award under the Plan or at any time thereafter, specifies in writing that such Award shall be subject to this Article 15 17 (regardless of the after-tax value of such Award to the Participant). If this Article 15 17 applies to an Award, it shall supersede any contrary provision of the Plan or of any Award granted under the Plan.

Scope of Limitation. This Article 15 13 shall apply to an Award only if: (a) The independent auditors most recently selected for this purpose by the Committee Board (the “Auditors”) determine that the after-tax value of such Award to the Participant, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Participant (including the excise tax under section 4999 of the Code), will be greater after the application of this Article 15 13 than it was before the application of this Article 1613; or (b) The Committee, at the time of making an Award under the Plan or at any time thereafter, specifies in writing that such Award shall be subject to this Article 15 13 (regardless of the after-tax value of such Award to the Participant). If this Article 15 13 applies to an Award, it shall supersede any contrary provision of the Plan or of any Award granted under the Plan.

Scope of Limitation. This Article 15 14 shall apply to an Award only if: (a) The independent auditors selected for this purpose by the Committee (the “"Auditors”") determine that the after-tax value of such Award to the Participant, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Participant (including the excise tax under section 4999 of the Code), will be greater after the application of this Article 15 14 than it was before the application of this Article 1613; or (b) The Committee, at the time of making an Award under the Plan or at any time thereafter, specifies in writing that such Award shall be subject to this Article 15 14 (regardless of the after-tax value of such Award to the Participant). If this Article 15 14 applies to an Award, it shall supersede any contrary provision of the Plan or of any Award granted under the Plan.

Scope of Limitation. This Article 15 16 shall apply to an Award only if: (a) The independent auditors selected for this purpose by the Committee (the “"Auditors”") determine that the after-tax value of such Award to the Participant, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Participant (including the excise tax under section Section 4999 of the Code), will be greater after the application of this Article 15 16 than it was before the application of this Article 16; or (b) The Committee, at the time of making an Award under the Plan or at any time thereafter, specifies in writing that such Award shall be subject to this Article 15 16 (regardless of the after-tax value of such Award to the Participant). If this Article 15 16 applies to an Award, it shall supersede any contrary provision of the Plan or of any Award granted under the Plan.

Scope of Limitation. This Article 15 18 shall apply to an Award only if: (a) The independent auditors most recently selected for this purpose by the Committee Board (the “Auditors”) determine that the after-tax value of such Award to the Participant, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Participant (including the excise tax under section Section 4999 of the Code), will be greater after the application of this Article 15 18 than it was before the application of this Article 1618; or (b) The Committee, at the time of making an Award under the Plan or at any time thereafter, specifies in writing that such Award shall be subject to this Article 15 18 (regardless of the after-tax value of such Award to the Participant). If this Article 15 18 applies to an Award, it shall supersede any contrary provision of the Plan or of any Award granted under the Plan.

Scope of Limitation. This Article 15 14 shall apply to an Award only if: (a) The independent auditors selected for this purpose by the Committee (the “Auditors”) determine that the after-tax value of such Award to the Participant, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Participant (including the excise tax under section 4999 of the Code), will be greater after the application of this Article 15 14 than it was before the application of this Article 1613; or (b) The Committee, at the time of making an Award under the Plan or at any time thereafter, specifies in writing that such Award shall be subject to this Article 15 14 (regardless of the after-tax value of such Award to the Participant). If this Article 15 14 applies to an Award, it shall supersede any contrary provision of the Plan or of any Award granted under the Plan.