Common use of Restatement of Prior Agreement Clause in Contracts

Restatement of Prior Agreement. This Agreement amends and restates, effective as of January 1, 2008, the Severance/Change in Control Agreement between the Company and Executive dated September 1, 2006 (“Prior Agreement”), to comply with Section 409A and to clarify certain other provisions of the Prior Agreement. This amended and restated Agreement does not preclude the Prior Agreement (as amended and restated by this Agreement) from qualifying for grandfather treatment under the transition rule set forth in Internal Revenue Service Revenue Ruling 2008-13 with respect to contracts in effect on February 21, 2008. Each of the parties hereto has relied on his or its own judgment in entering into this Agreement.

Restatement of Prior Agreement. This Agreement amends and restates, effective as of January 1, 2008, the Severance/Change in Control Agreement between the Company and Executive dated September 1January 24, 2006 2008 (“Prior Agreement”), to comply with Section 409A and to clarify certain other provisions of the Prior Agreement. This amended and restated Agreement does not preclude the Prior Agreement (as amended and restated by this Agreement) from qualifying for grandfather treatment under the transition rule set forth in Internal Revenue Service Revenue Ruling 2008-13 with respect to contracts in effect on February 21, 2008. Each of the parties hereto has relied on his or its own judgment in entering into this Agreement.

Restatement of Prior Agreement. This Agreement amends and restates, effective as of January 1, 2008, the Severance/Change in Control Agreement between the Company and Executive dated September 1March 5, 2006 2007 (“Prior Agreement”), to comply with Section 409A and to clarify certain other provisions of the Prior Agreement. This amended and restated Agreement does not preclude the Prior Agreement (as amended and restated by this Agreement) from qualifying for grandfather treatment under the transition rule set forth in Internal Revenue Service Revenue Ruling 2008-13 with respect to contracts in effect on February 21, 2008. Each of the parties hereto has relied on his her or its own judgment in entering into this Agreement.