Code Section 409A. If and to the extent that Code Section 409A applies to amounts payable under the Plan, distributions may only be made under the Plan upon an event and in a manner permitted by [Section 409A]. To the extent that any provision of the Plan would cause a conflict with any applicable requirements of [Section 409A], or would cause the administration of the Plan to fail to satisfy the applicable requirements of [Section 409A], such provision shall be deemed null and void.

It is anticipated that payments under this Plan (except for certain Unit payments after a Change of Control) shall not be subject to Section 409A of the Code Section 409A. Ifas a result of the "short-term deferral" exception set forth in applicable guidance. However, if and to the extent that section 409A of the Code Section 409A applies to amounts payable under the Plan, distributions may only be made under the Plan upon an event and in a manner permitted by [Section 409A].Code Section 409A. To the extent that any provision of the Plan would cause a conflict with any applicable requirements of [Section 409A],Code Section 409A or would cause the administration of the Plan to fail to satisfy the applicable requirements of [Section 409A], such provision shall be deemed null and void.