Amendment, Modification and Termination. No term or provision of this Agreement may be changed, waived, amended, modified, or terminated, except by written instrument. Notwithstanding the foregoing, the Company reserves the right to unilaterally amend, modify, or terminate this Agreement in any manner that the Company deems advisable in order to ensure this Agreement’s and the Plan’s continued compliance with the provisions of Code Section 409A; provided, however, that no such action shall materially reduce the value of the benefits provided to the Employee hereunder.
Appears in 5 contracts
Samples: Employment Retention Agreement (Lesco Inc/Oh), Employment Retention Agreement (Lesco Inc/Oh), Employment Retention Agreement (Lesco Inc/Oh)