Customer Actions excluded from Scope. The Parties acknowledge that the tasks enumerated below in this [Article 4.0] fall outside the scope of the Work under this Contract and therefore are not required to be performed by the Contractor but shall be performed or arranged for by the Customer at its sole discretion:

“Excluded Accounts” means deposit or securities accounts # established (or otherwise maintained) (including deposit accounts that are that are zero balance accounts) by the Loan Parties that do not have cash balances at any time exceeding $5,000,000 in the aggregate for all such accounts, # solely containing cash allocated as proceeds of the sale of Term Priority Collateral (as such term is defined in the Intercreditor Agreement), # payroll, trust and tax withholding accounts, # used by the Loan Parties exclusively for disbursements and payments in the ordinary course of business, or # that are located outside of the United States.

Employee agrees that all those records and accounts maintained during the course of employment are the property of Employer.

Plan Year Accounts. The Committee shall establish and maintain a separate Plan Year Account for each Participant each Plan Year.

Performance Cycle Accounts. Notwithstanding anything herein to the contrary, this [Section 4.1(e)] shall only apply if and to the extent the Company permits the deferral of Performance Share Awards. A Performance Cycle Account shall be established for each Performance Cycle (if any) for which the Participant has an associated Performance Share Award. Such Performance Cycle Account shall be credited with the number of shares of Company Stock to which such deferral election applies no later than the close of the month in which shares of Company Stock would have been delivered to the Participant but for such deferral. Effective as of January 1, 2019, a Performance Cycle Account shall be included in the Plan Year Account for the Plan Year in which the respective Performance Cycle begins, pursuant to [Section 4.1(a)], above.

Charges to Accounts. When a Valuation Date occurs, any distributions made to or on behalf of any Participant or Beneficiary since the last preceding Valuation Date shall be charged to the proper Accounts maintained for that Participant or Beneficiary.

Vesting in Accounts. A Participant’s vested interest in his or her Account shall be based on his or her Vesting Years in accordance with the following table, subject to the balance of this Section 9:

All credits to a Deferral Account of a Participant shall be deemed to be invested in such Investment Fund or Funds as the Participant shall elect from time to time in accordance with Article 5. The number of shares of Stock to be credited to a Participant’s Account by virtue of a Participant’s initial election to invest a portion of a Deferral in the Company Stock Fund shall be determined on the date of the Deferral in accordance with such procedures as the Committee shall establish, based on the weighted average price paid for all shares of Stock purchased by the Trustee and deposited in the Trust on that date pursuant to Article 6. If a Participant has any portion of a Deferral in the Company Stock Fund on the record date for a dividend to be paid on the Company’s Stock, an amount determined at a per share rate equivalent to such dividend shall be credited to the Participant’s Account as of the payment date for such dividend, and such amount shall be deemed to be reinvested in the Company Stock Fund. Notwithstanding the preceding provisions of this Section 4.2, # all credits to a Deferral Account of a Participant relating to a deferred Stock Award granted prior to March 17, 2005 (and dividends thereon), shall be deemed to be invested in the Company Stock Fund until six (6) months and one (1) day following the expiration of the restrictions applicable to such Award, unless otherwise determined by the Committee at or after the deferral of such Award, and, thereafter, the preceding provisions of this Section 4.2 shall apply, and # all credits to a Deferral Account of a Participant relating to a deferred Stock Award granted on or after March 17, 2005 (including dividends thereon), shall be deemed to be invested in the Company Stock Fund until the balance of such Deferral Account has been distributed in accordance with Article 3.

As of each Valuation Date, the net gain or loss of each Investment Fund shall be allocated among the appropriate Deferral Accounts in accordance with such procedures as the Committee shall establish, which procedures shall apply uniformly to all Participants.

All credits to each Deferral Account of each Participant shall be recorded as a liability on the books of the Company. However, no Participant or Beneficiary shall have any proprietary rights of any nature with respect to any Account of any Participant or with respect to any funds, securities or other property owned by the Company or any Affiliated Company that is held in the Trust or that otherwise may be represented from time to time by Investment Funds. All payments under the Plan shall be made from the Trust or from the Company's general funds and in no event shall any Participant or Beneficiary have any claims or rights to any payment hereunder that are superior to any claims or rights of any general creditor of the Company.