Correction of Error. The Committee may adjust the Accounts of any or all Participants in order to correct errors and rectify omissions in such manner as the Committee believes will best result in the equitable and nondiscriminatory administration of the Plan and ensure compliance with Section 409A and the Regulations and/or to make use of such correction procedures as may be established to mitigate or avoid penalties for violation thereof, without liability to any Participant or Beneficiary by reason thereof.

Section # Error Correction Services

Notwithstanding the previous Section, “Error Correction,” if an Error prevents [[Bank of America:Organization]] from making productive use of the Software, [[Organization A:Organization]] shall use its best efforts to provide an effective workaround or a Correction by the time [[Bank of America:Organization]] opens for business on the Business Day after the Business Day on which [[Bank of America:Organization]] first reports the Error.

Minor Errors. Kx shall, within ​ of the receipt of notice from ​ of a Minor Error, initiate work to verify such Minor Error. If Kx can reproduce the Minor Error and the Minor Error noticeably degrades operation of the Licensed Software, then Kx will provide an Error Correction for such Minor Error within ​ of receipt of notice of the Minor Error and, if commercially reasonable, install such corrections into the Licensed Software. If Kx cannot reproduce the reported Minor Error, Kx shall discuss further analysis of the Minor Error with ​. If Kx can reproduce the Minor Error, but the Minor Error does not noticeably degrade operation of the Licensed Software, then Kx will initiate work to provide Error Correction for such Minor Error in the next Update or release of the Licensed Software.

Payment in Error. To the maximum extent permitted by applicable law, in the event that a payment is made to a Participant or Beneficiary in error that exceeds the amount to which the Participant or Beneficiary is entitled pursuant to the terms of the Plan (such excess amount, an “Excess Payment”), the Participant or Beneficiary shall repay to the Participant’s System Company employer, and such System Company employer shall have the right to recoup from the Participant or the Beneficiary, such Excess Payment by notifying the Participant or Beneficiary in writing of the nature and amount of such Excess Payment together with # demand for direct repayment to the System Company employer by the Participant or Beneficiary in the amount of such Excess Payment or # reduction of any amount(s) owed to the Participant or Beneficiary by the System Company employer or any other System Company by the amount of the Excess Payment.

Payment in Error. To the maximum extent permitted by applicable law, in the event that a payment is made to Grantee or Grantee’s successor (whether in cash, stock or other property) in error that exceeds the amount to which Grantee and Grantee’s successor is entitled pursuant to the terms and conditions of this Agreement or the Plan, including without limitation [Section 28] thereof (such excess amount, an “Excess Payment”), Grantee or Grantee’s successor will repay to ​, and ​ shall have the right to recoup from Grantee or Grantee’s successor such Excess Payment by notifying Grantee or Grantee’s successor in writing of the nature and amount of such Excess Payment together with # demand for direct repayment to ​ by Grantee or Grantee’s successor in the amount of such Excess Payment or # reduction of any amount(s) owed to Grantee or Grantee’s successor by ​ or any other System Company by the amount of the Excess Payment.

The Administrator, as it determines to be reasonable and appropriate, also may undertake or assist the appropriate Fiduciary or Plan official in undertaking correction of a fiduciary breach, including correction under the DOL Voluntary Fiduciary Correction Program ("VFC") or any successor program to VFC. If the Plan is a 401(k) Plan, to correct an operational error, the Administrator may require th e Trustee (or

Use Pending Correction. Until such time that the Contractor completes correction, replacement or repair of a Customer Satellite or other Deliverable Item such that the Deliverable Item meets the requirements of this Contract and Final Acceptance shall have occurred, Customer shall be entitled to use any such Deliverable Item, provided that Customer’s use of such Deliverable Item is consistent with and shall not unreasonably interfere with the Contractor’s obligations to perform a correction, replacement or repair, and provided that Customer must make its Final Acceptance decision or cease use of such Deliverable Item within fourteen (14) Days after the Contractor completes correction, replacement or repair, and provided that Customer has made any requisite payment for such Customer Satellite or Deliverable Item.

Correction of Mistakes. In the event the Committee discovers that a mistake has been made in an allocation to or distribution from any Account, or any other mistake which affects an Account, it will correct the mistake as soon as practicable. If an overpayment has been made, the Committee will seek cash reimbursement. (i) For pre-2005 Benefits, if an underpayment has been made, the amount of the underpayment will be paid pursuant to Article XIII unless the Committee determines the amount to be minimal, in which case it will be paid as a lump sum payment. (ii) For post-2004 Benefits, if an underpayment has been made, the amount of underpayment will be made as soon as possible.

The term “restatement” shall mean the result of revising financial statements previously filed with the Securities and Exchange Commission to reflect the correction of an error. The term “intentional misconduct” shall be limited to conduct that the Compensation Committee determines indicates intent to mislead management, the Board, or the [[Organization A:Organization]]’s shareholders, but shall not include good faith errors in judgment made by the [[Person A:Person]].