Common use of Prevailing Provisions Clause in Contracts

Prevailing Provisions. If a Change in Control of KCSI (as defined in Paragraph 7(d) above) occurs prior to or simultaneously with a Change of Ownership (as defined in this Paragraph 8), Executive shall be entitled only to the benefits provided in Paragraph 7 of this Agreement and shall have no rights or benefits under this Paragraph 8. In any circumstance in which the provisions of Paragraph 8(c) above are applicable, Executive shall not be entitled to receive any benefits provided in Paragraph 4(d)(ii) of this Agreement.

Prevailing Provisions. If a Change in Control of KCSI (as defined in Paragraph 7(d) above) occurs prior to or simultaneously with a Change of Ownership (as defined in this Paragraph 8), Executive shall be entitled only to the benefits provided in Paragraph 7 of this Agreement and shall have no rights or benefits under this Paragraph 8. In any circumstance in which the provisions of Paragraph 8(c) above are applicable, Executive shall not be entitled to receive any benefits provided in Paragraph 4(d)(ii) of this Agreement. 9.