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.

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.

ARTICLE # – ADMINISTRATION.. 14

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.

Generally Released Error Corrections and Updates. If Kx generally makes available any Error Corrections or Updates to the Licensed Software while ​ is receiving Maintenance Services, Kx will notify ​ of such Error Corrections and Updates by posting a message on the k4 listbox and will make the Error Corrections or Updates available to ​ without charge by download from the Kx Website.

Implementation of Error Corrections and Updates. ​ also agrees to implement within a reasonable time all Error Corrections and Updates provided by Kx under this OEM Agreement, provided that such Error Corrections and Updates do not materially adversely affect the version of the Licensed Software used by ​ for run-time operations.

18.8Errors in Payment; Misstatements. If any error, including an error resulting from any statement made or omitted to be made by any Participant or Beneficiary in any document or other information required to be submitted in connection with the Plan, shall result in the payment to any individual or entity of more or less than such person would have received but for such error, the Committee may correct such error and adjust payments hereunder as far as possible.

of such payment or liability delivered to the Lender by the Company shall be conclusive absent manifest error.

Payment. The Administrator shall determine the methods by which payments by any Participant with respect to any Awards granted under the Plan shall be made, including, without limitation: # cash or check, # Shares (including, in the case of payment of the exercise price of an Award, Shares issuable pursuant to the exercise of the Award) held for such period of time as may be required by the Administrator in order to avoid adverse accounting consequences, in each case, having a Fair Market Value on the date of delivery equal to the aggregate payments required, # delivery of a written or electronic notice that the Participant has placed a market sell order with a broker with respect to Shares then-issuable upon exercise or vesting of an Award, and that the broker has been directed to pay a sufficient portion of the net proceeds of the sale to the Company in satisfaction of the aggregate payments required; provided, however, that payment of such proceeds is then made to the Company upon settlement of such sale, or # other form of legal consideration acceptable to the Administrator. The Administrator shall also determine the methods by which Shares shall be delivered or deemed to be delivered to Participants. Notwithstanding any other provision of the Plan to the contrary, no Participant who is a Director or an "executive officer" of the Company within the meaning of Section 13(k) of the Exchange Act shall be permitted to make payment with respect to any Awards granted under the Plan, or continue any extension of credit with respect to such payment with a loan from the Company or a loan arranged by the Company in violation of Section 13(k) of the Exchange Act.

Payment. The ​ will not directly or indirectly pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, or grant any security or provide other credit support, to any holder of Notes as consideration for or as an inducement to the entering into by any holder of Notes or any waiver or amendment of any of the terms and provisions hereof or of the Subsidiary Guaranty or the Notes unless such remuneration is concurrently paid, or security is concurrently granted, or other credit support is concurrently provided, on the same terms, ratably to each holder of Notes then outstanding even if such holder did not consent to such waiver or amendment.