JIS Determinations in General Clause Samples

JIS Determinations in General. The payment of a JIS Performance Unit will be determined based on the Cumulative Net Income Percentage. The “Cumulative Net Income Percentage” shall be determined as follows: (i) if Cumulative Net Income exceeds $0, then the Cumulative Net Income Percentage shall equal 200%; provided, however, that, notwithstanding the foregoing, pursuant to an exercise of negative discretion, the Committee has determined that, if Cumulative Net Income exceeds $0, then in no event shall the Cumulative Net Income Percentage exceed the Average JIS Payout Ratio (subject to the last sentence of Part III. of this Exhibit A); (ii) if Cumulative Net Income does not exceed $0 and if the Average JIS Payout Ratio (determined by excluding all Excluded Projects from the determination of JIS and Target JIS) exceeds 0%, then the Cumulative Net Income Percentage shall equal the Average JIS Payout Ratio (determined by excluding all Excluded Projects from the determination of JIS and Target JIS and subject to the last sentence of Part III. of this Exhibit A); and (iii) if neither clause (i) nor (ii) above applies, then the Cumulative Net Income Percentage shall equal 0% (subject to the last sentence of Part III. of this Exhibit A). For purposes of Part III. of this Exhibit A, the following terms shall have the following meanings: