Common use of Additional Considerations Clause in Contracts

Additional Considerations. A. Neither the Employee, his beneficiary, nor any other person claiming through or under him shall have any right to commute, encumber, or dispose of the right to receive payments hereunder, all of which payments and the right thereto are expressly declared to be nonassignable. In the event of any attempted assignment or other disposition, all benefits hereunder are forfeited and Jostens shall have no further liability to Employee hereunder. This paragraph shall not, however, restrict a beneficiary's exercise of a power of appointment conferred upon such beneficiary by the Employee's beneficiary designation. B. This Agreement shall be binding upon and inure to the benefit of any successor of Jostens, including, but not limited to, any person, firm, corporation or other business entity which at any time, whether by merger, purchase, or otherwise acquires all or substantially all of the assets or business of Jostens, and upon the Employee, his designated beneficiary, and personal representative. C. Jostens shall make all determinations as to the rights to benefits under this Agreement. Any decision by Jostens denying a claim by the Employee or his beneficiary for benefits under this Agreement shall be stated in writing and delivered or mailed to the Employee or such beneficiary. Such decision shall set forth the specific reasons for the denial, written to the best of Jostens' ability in a manner that may be understood without legal or actuarial counsel. In addition, Jostens shall afford a reasonable opportunity to the Employee or such beneficiary for a full and fair review of the decision denying such claim. D. This Agreement may not be amended, altered or modified, except by a written instrument signed by the parties hereto, or their respective successors or assigns, and may not be otherwise terminated except as provided herein. E. This Agreement, and the rights of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Minnesota.

Additional Considerations. A. Neither the Employee, his or her beneficiary, nor any other person claiming through or under him or her shall have any right to commute, encumber, or dispose of the right to receive payments hereunder, all of which payments and the right thereto are expressly declared to be nonassignable. In the event of any attempted assignment or other disposition, all benefits hereunder are forfeited and Jostens Employer shall have no further liability to Employee hereunder. This paragraph shall not, however, restrict a beneficiary's ’s exercise of a power of appointment conferred upon such beneficiary by the Employee's ’s beneficiary designation. B. This Agreement shall be binding upon and inure to the benefit of any successor of JostensVisant, including, but not limited to, any person, firm, corporation or other business entity which at any time, whether by merger, purchase, or otherwise acquires all or substantially all of the assets or business of JostensVisant, and upon the Employee and any other person claiming through or under the Employee, his designated beneficiary, and personal representative. C. Jostens Visant shall have the discretionary authority and power to make all determinations as to the rights to benefits under this Agreement. Any decision by Jostens denying a claim by the Employee and any other person claiming through or his beneficiary under the Employee for benefits under this Agreement shall be stated in writing and delivered or mailed to the Employee or such beneficiaryother person. Such decision shall set forth the specific reasons for the denial, written to the best of Jostens' Visant’s ability in a manner that may be understood without legal or actuarial counsel. In addition, Jostens Visant shall afford a reasonable opportunity to the Employee or such beneficiary other person for a full and fair review of the decision denying such claim. D. This Agreement constitutes the entire agreement regarding the subject matter herein and supersedes the Original Agreement as the same has been previously amended and restated or amended, including pursuant to the 2010 SERP. This Agreement may not be amended, altered or modified, except by a written instrument signed by the parties hereto, or their respective successors or assigns, and may not be otherwise terminated except as provided herein. E. This AgreementThe parties acknowledge and agree that, and to the rights of the parties hereunderextent applicable, this Agreement shall be governed by and construed interpreted in accordance with Code section 409A and Department of Treasury Regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the laws Effective Date. Notwithstanding any provision of this Agreement to the contrary, in the event that Visant determines that any amounts payable hereunder will be immediately taxable to the Executive under Code section 409A and related Department of Treasury guidance, Visant may (a) adopt such amendments to this Agreement and appropriate policies and procedures, including amendments and policies with retroactive effect, that Visant determines necessary or appropriate to preserve the intended tax treatment of the State benefits provided by this Agreement and/or (b) take such other actions as Visant determines necessary or appropriate to comply with the requirements of MinnesotaCode section 409A and related Department of Treasury guidance, including such Department of Treasury guidance and other interpretive materials as may be issued after the Effective Date.

Additional Considerations. A. Neither the Employee, his or her beneficiary, nor any other person claiming through or under him or her shall have any right to commute, encumber, or dispose of the right to receive payments hereunder, all of which payments and the right thereto are expressly declared to be nonassignable. In the event of any attempted assignment or other disposition, all benefits hereunder are forfeited and Jostens Employer shall have no further liability to Employee hereunder. This paragraph shall not, however, restrict a beneficiary's ’s exercise of a power of appointment conferred upon such beneficiary by the Employee's ’s beneficiary designation. B. This Agreement shall be binding upon and inure to the benefit of any successor of Jostens, including, but not limited to, any person, firm, corporation or other business entity which at any time, whether by merger, purchase, or otherwise acquires all or substantially all of the assets or business of Jostens, and upon the Employee and any other person claiming through or under the Employee, his designated beneficiary, and personal representative. C. Jostens shall have the discretionary authority and power to make all determinations as to the rights to benefits under this Agreement. Any decision by Jostens denying a claim by the Employee and any other person claiming through or his beneficiary under the Employee for benefits under this Agreement shall be stated in writing and delivered or mailed to the Employee or such beneficiaryother person. Such decision shall set forth the specific reasons for the denial, written to the best of Jostens' ’s ability in a manner that may be understood without legal or actuarial counsel. In addition, Jostens shall afford a reasonable opportunity to the Employee or such beneficiary other person for a full and fair review of the decision denying such claim. D. This Agreement may not be amended, altered or modified, except by a written instrument signed by the parties hereto, or their respective successors or assigns, and may not be otherwise terminated except as provided herein. E. This AgreementThe parties acknowledge and agree that, and to the rights of the parties hereunderextent applicable, this Agreement shall be governed by and construed interpreted in accordance with the laws section 409A of the State Code and Department of MinnesotaTreasury Regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the Effective Date. Notwithstanding any provision of this Agreement to the contrary, in the event that determines that any amounts payable hereunder will be immediately taxable to the Executive under section 409A of the Code and related Department of Treasury guidance, may (a) adopt such amendments to this Agreement and appropriate policies and procedures, including amendments and policies with retroactive effect, that determines necessary or appropriate to preserve the intended tax treatment of the benefits provided by this Agreement and/or (b) take such other actions as determines necessary or appropriate to comply with the requirements of section 409A of the Code and related Department of Treasury guidance, including such Department of Treasury guidance and other interpretive materials as may be issued after the Effective Date.

Additional Considerations. A. Neither the Employee, his or her beneficiary, nor any other person claiming through or under him or her shall have any right to commute, encumber, or dispose of the right to receive payments hereunder, all of which payments and the right thereto are expressly declared to be nonassignable. In the event of any attempted assignment or other disposition, all benefits hereunder are forfeited and Jostens Employer shall have no further liability to Employee hereunder. This paragraph shall not, however, restrict a beneficiary's ’s exercise of a power of appointment conferred upon such beneficiary by the Employee's ’s beneficiary designation. B. This Agreement shall be binding upon and inure to the benefit of any successor of Jostens, including, but not limited to, any person, firm, corporation or other business entity which at any time, whether by merger, purchase, or otherwise acquires all or substantially all of the assets or business of Jostens, and upon the Employee and any other person claiming through or under the Employee, his designated beneficiary, and personal representative. C. Jostens shall have the discretionary authority and power to make all determinations as to the rights to benefits under this Agreement. Any decision by Jostens denying a claim by the Employee and any other person claiming through or his beneficiary under the Employee for benefits under this Agreement shall be stated in writing and delivered or mailed to the Employee or such beneficiaryother person. Such decision shall set forth the specific reasons for the denial, written to the best of Jostens' ’s ability in a manner that may be understood without legal or actuarial counsel. In addition, Jostens shall afford a reasonable opportunity to the Employee or such beneficiary other person for a full and fair review of the decision denying such claim. D. This Agreement may not be amended, altered or modified, except by a written instrument signed by the parties hereto, or their respective successors or assigns, and may not be otherwise terminated except as provided herein. E. This Agreement, and the rights of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Minnesota.

Additional Considerations. A. Neither the Employee, his or her beneficiary, nor any other person claiming through or under him or her shall have any right to commute, encumber, or dispose of the right to receive payments hereunder, all of which payments and the right thereto are expressly declared to be nonassignable. In the event of any attempted assignment or other disposition, all benefits hereunder are forfeited and Jostens Employer shall have no further liability to Employee hereunder. This paragraph shall not, however, restrict a beneficiary's ’s exercise of a power of appointment conferred upon such beneficiary by the Employee's ’s beneficiary designation. B. This Agreement shall be binding upon and inure to the benefit of any successor of Jostens, including, but not limited to, any person, firm, corporation or other business entity which at any time, whether by merger, purchase, or otherwise acquires all or substantially all of the assets or business of Jostens, and upon the Employee and any other person claiming through or under the Employee, his designated beneficiary, and personal representative. C. Jostens shall have the discretionary authority and power to make all determinations as to the rights to benefits under this Agreement. Any decision by Jostens denying a claim by the Employee and any other person claiming through or his beneficiary under the Employee for benefits under this Agreement shall be stated in writing and delivered or mailed to the Employee or such beneficiaryother person. Such decision shall set forth the specific reasons for the denial, written to the best of Jostens' ’s ability in a manner that may be understood without legal or actuarial counsel. In addition, Jostens shall afford a reasonable opportunity to the Employee or such beneficiary other person for a full and fair review of the decision denying such claim. D. This Agreement may not be amended, altered or modified, except by a written instrument signed by the parties hereto, or their respective successors or assigns, and may not be otherwise terminated except as provided herein. E. This AgreementThe parties acknowledge and agree that, and to the rights of the parties hereunderextent applicable, this Agreement shall be governed by and construed interpreted in accordance with the laws section 409A of the State Code and Department of MinnesotaTreasury Regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the Effective Date. Notwithstanding any provision of this Agreement to the contrary, in the event that Employer determines that any amounts payable hereunder will be immediately taxable to the Executive under section 409A of the Code and related Department of Treasury guidance, Employer may (a) adopt such amendments to this Agreement and appropriate policies and procedures, including amendments and policies with retroactive effect, that Employer determines necessary or appropriate to preserve the intended tax treatment of the benefits provided by this Agreement and/or (b) take such other actions as Employer determines necessary or appropriate to comply with the requirements of section 409A of the Code and related Department of Treasury guidance, including such Department of Treasury guidance and other interpretive materials as may be issued after the Effective Date.

Additional Considerations. A. Neither the Employee, his or her beneficiary, nor any other person claiming through or under him or her shall have any right to commute, encumber, or dispose of the right to receive payments hereunder, all of which payments and the right thereto are expressly declared to be nonassignable. In the event of any attempted assignment or other disposition, all benefits hereunder are forfeited and Jostens Employer shall have no further liability to Employee hereunder. This paragraph shall not, however, restrict a beneficiary's ’s exercise of a power of appointment conferred upon such beneficiary by the Employee's ’s beneficiary designation. B. This Agreement shall be binding upon and inure to the benefit of any successor of JostensVisant, including, but not limited to, any person, firm, corporation or other business entity which at any time, whether by merger, purchase, or otherwise acquires all or substantially all of the assets or business of JostensVisant, and upon the Employee and any other person claiming through or under the Employee, his designated beneficiary, and personal representative. C. Jostens Visant shall have the discretionary authority and power to make all determinations as to the rights to benefits under this Agreement. Any decision by Jostens denying a claim by the Employee and any other person claiming through or his beneficiary under the Employee for benefits under this Agreement shall be stated in writing and delivered or mailed to the Employee or such beneficiaryother person. Such decision shall set forth the specific reasons for the denial, written to the best of Jostens' Visant’s ability in a manner that may be understood without legal or actuarial counsel. In addition, Jostens Visant shall afford a reasonable opportunity to the Employee or such beneficiary other person for a full and fair review of the decision denying such claim. D. This Agreement may not be amended, altered or modified, except by a written instrument signed by the parties hereto, or their respective successors or assigns, and may not be otherwise terminated except as provided herein. E. This AgreementThe parties acknowledge and agree that, and to the rights of the parties hereunderextent applicable, this Agreement shall be governed by and construed interpreted in accordance with Code section 409A and Department of Treasury Regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the laws Effective Date. Notwithstanding any provision of this Agreement to the contrary, in the event that Visant determines that any amounts payable hereunder will be immediately taxable to the Executive under Code section 409A and related Department of Treasury guidance, Visant may (a) adopt such amendments to this Agreement and appropriate policies and procedures, including amendments and policies with retroactive effect, that Visant determines necessary or appropriate to preserve the intended tax treatment of the State benefits provided by this Agreement and/or (b) take such other actions as Visant determines necessary or appropriate to comply with the requirements of MinnesotaCode section 409A and related Department of Treasury guidance, including such Department of Treasury guidance and other interpretive materials as may be issued after the Effective Date.