Non-Exclusivity of this Plan; Non-Uniform Determinations. Neither the adoption of this Plan by the Board of Directors nor the approval of this Plan by the stockholders of the Company shall be construed as creating any limitations on the power of the Board of Directors to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of stock options otherwise than under this Plan, and such arrangements may be either applicable generally or only in specific cases.

Section # Non-Exclusivityexclusivity of this Plan; Non-Uniform Determinations.the Plan. Neither the adoption of this Plan by the Board of Directors nor the approvalsubmission of this Plan byto the stockholdersshareholders of the Company for approval shall be construed as creating any limitations on the power of the Board of Directors to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of stock options otherwise than under this Plan, and such arrangements may be either applicable generally or only in specific cases. For point of clarity, the Company’s 2006 Stock Incentive Award Plan is not affected by this Plan.

Non-Exclusivity of this Plan; Non-Uniform Determinations. Neither the Plan. The adoption of thisthe Plan by the Board of Directors nor the approval of this Plan by the stockholders of the Company shall not be construed as amending, modifying or rescinding any previously approved incentive arrangement or as creating any limitations on the power of the Board of Directors to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of stock options otherwise than under thisthe Plan, and such arrangements may be either applicable generally or only in specific cases.

Section # Non-Exclusivityexclusivity of this Plan; Non-Uniform Determinations.Plan. Neither the adoption of this Plan by the Board of Directors nor the approvalsubmission of this Plan byto the stockholdersshareholders of the Company for approval shall be construed as creating any limitations onupon the powerright and authority of the Board of Directors to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or individuals) as it may deemthe Board in its discretion determines desirable, including, without limitation, the grantingawarding of stock options otherwiseGrants other than under this Plan, and such arrangements may be either applicable generally or only in specific cases.Plan.

Non-ExclusivityNonexclusivity of this Plan; Non-Uniform Determinations.the Plan. Neither the adoption of thisthe Plan by the Board of Directors nor the approval of this Plan byits submission to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board of Directorsor a committee thereof to adopt such other incentive arrangements as it may deem desirable, including, without limitation,desirable including incentive arrangements and awards which do not qualify under Section 162(m) of the granting of stock options otherwise than under this Plan, and such arrangements may be either applicable generally or only in specific cases.Code.

Non-ExclusivityNonexclusivity of this Plan; Non-Uniform Determinations.Plan. Neither the adoption of this Plan by the Board of DirectorsCompany nor the approval of this Plan byits submission to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board of Directorsor a committee thereof to adopt such other incentive arrangements as it may deem desirable, including, without limitation,including incentive arrangements and awards which do not qualify under section 162(m) of the granting of stock options otherwise thanCode. Nothing contained in this Plan shall be construed to prevent the Company or any Subsidiary from taking any corporate action which is deemed by the Company or such Subsidiary to be appropriate or in its best interest, whether or not such action would have an adverse effect on this Plan or any Award made under this Plan, andPlan. No employee, beneficiary or other Person shall have any claim against the Company or any Subsidiary as a result of any such arrangements may be either applicable generally or only in specific cases.action.