Common use of Following the Performance Period Clause in Contracts

Following the Performance Period. Notwithstanding any provision hereof to the contrary, in the event of termination of Participant’s employment after the expiration of the Performance Period but prior to the end of the Restriction Period by reason of (i) death, or (ii) Disability the Earned Units will not be forfeited and the Participant shall become vested with respect to the Earned Units on the same date as such death or Disability. Unless otherwise determined by the Committee, in the event of a Participant’s Retirement after the expiration of the Performance Period but prior to the end of the Restriction Period, the Participant shall be vested in not less than a pro rata portion of the Earned Units subject to such Restriction Period based on the number of days during the applicable Restriction Period during which the Participant was employed. Upon a Participant’s Retirement all unvested Earned Units shall be forfeited; provided however, that the Committee reserves the right to vest unvested Earned Units.

Following the Performance Period. Notwithstanding any provision hereof to the contrary, in the event of termination of Participant’s employment after the expiration of the Performance Period but prior to the end of the Restriction Period by reason of (i) death, or (ii) Disability Disability, the Earned Units will not be forfeited and the Participant shall become vested with respect to the Earned Units on the same date as such death or Disability. Unless otherwise determined by the Committee, in the event of a Participant’s Retirement after the expiration of the Performance Period but prior to the end of the Restriction Period, the Participant shall be vested in not less than a pro rata portion of the Earned Units subject to such Restriction Period based on the number of days during the applicable Restriction Period during which the Participant was employed. Upon a Participant’s Retirement all unvested Earned Units shall be forfeited; provided however, that the Committee reserves the right to vest unvested Earned Units.