Common use of AMENDMENT TO RESTATED AGREEMENT Clause in Contracts

AMENDMENT TO RESTATED AGREEMENT. The Company and Executive agree that Section 5(c) of the Restated Agreement is hereby amended to clarify that the payment to be made by the Company to Executive pursuant to Section 5(c) shall be in respect of the cancellation of Executive's dividend equivalent rights with respect to each outstanding stock option held by Executive, and that, upon such payment by the Company to Executive, any and all of Executive's dividend equivalent rights with respect to outstanding stock options held by Executive shall terminate; provided, that if Executive becomes obligated under Section 5(h) to repay such payment to the Company, Executive's dividend equivalent rights shall be restored as of the date of the purported cancellation of such rights.