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The provisions of this [Section 8] shall be applicable to any Restricted Stock Award, Restricted Stock Unit Award, Performance Award, or Other Stock-Based Award if it is granted to an Eligible Person who is, or is likely to be, as of the end of the tax year in which the Company would claim a tax deduction in connection with such Award, a Covered Employee and is intended to qualify as “performance-based compensation” that is exempt from the deduction limitations imposed under Section 162(m) of the Code.

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Covered Employees. Notwithstanding any other provision of this [Section 8] shall be applicable to anythe Plan, if the Committee determines at the time a Restricted Stock Award, a Restricted Stock Unit Award, a Performance Award,Award or an Other Stock-Share-Based Award if it is granted to an Eligible Persona Participant who is, or is likely to be, as of the end of the tax year in which the Company would claim a tax deduction in connection with such Award, a Covered Employee andEmployee, then the Committee may provide that this [Article 10] is intendedapplicable to qualify as “performance-based compensation” that is exempt from the deduction limitations imposed under Section 162(m) of the Code.such Award.

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