Code Section 409(A). All severance benefits provided under the Plan are intended to satisfy the requirements for an exemption from application of Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (collectively “[Section 409A]”) to the maximum extent that an exemption is available and any ambiguities herein shall be interpreted accordingly.

Code Section 409(A). All severance benefits provided under the Plan are intended to satisfy the requirements for an exemption from application ofCompliance with Section 409A of the Code andCode. Notwithstanding anything in the regulations and other guidance thereunder and any state law of similar effect (collectively “[Section 409A]”)Plan to the maximumcontrary, all Plan benefit obligations and payments are subject to Section 409A of the Code. To the extent required, the Company may modify the severance benefits payable hereunder to comply with Section 409A of the Code; provided, however, that an exemption is available and any ambiguities hereinthe present value of the aggregate Plan benefits payable to a Participant after such modification shall not be interpreted accordingly.less than the present value of the Plan benefits payable to the Participant prior to the modification.