If the Bank is required to restate its financial statements for any reporting period due to any misstatement or omission of material fact, any failure to report its financial condition or financial results in accordance with GAAP in any material respect, or any requirement of federal law or regulation, each Participant shall, unless otherwise determined in the sole discretion of the Committee, reimburse the Bank upon receipt of written notification for any portion of an award payment resulting from the circumstance requiring such restatement. In calculating such amount, the Committee shall compare the calculation of the amount of award payment based on the restated financial statements to the amount of award payment based on the financial statements that were required to be restated. The Company has the right to modify a Participant’s future incentive payments or cancel unvested restricted stock awards should repayment by the Participant not occur.
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