Any amount required to restore such forfeitures shall be deducted from forfeitures (including forfeitures of excess aggregate contributions) occurring in the plan year of restoration. If forfeitures are insufficient for the restoration, the employer may make a contribution to the plan for such plan year to satisfy the restoration. However, by the end of the plan year following the plan year of restoration, sufficient forfeitures or employer contributions shall be credited to the account to satisfy the restoration.

Forfeiture of Employer Retirement Restoration Account. If a Participant has a Separation from Service when the Participant is not vested in the Participant’s Employer Retirement Restoration Account, the balance of the Participant’s Employer Retirement Restoration Account shall be forfeited.

If # the Net Proceeds shall be less than # the Major Restoration Threshold with respect to such individual Property and # when aggregated with the costs of all other alterations and Restorations affecting the Properties, the aggregate Major Restoration Threshold and # the costs of completing the Restoration shall be less # than the Major Restoration Threshold with respect to such individual Property and # when aggregated with the costs of all other alterations and Restorations affecting the Properties, the aggregate Major Restoration Threshold, the Net Proceeds will be disbursed by the Agent to the Borrower that owns the Property that is undergoing the Restoration (the “Restoring Borrower”) upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) are met and the Restoring Borrower delivers to the Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement.

Vesting of Employer Retirement Restoration Account. Cliff vesting shall apply to the Employer Retirement Restoration Account and, except as provided in Section 9.03, a Participant shall become fully vested in the Participant’s Employer Retirement Restoration Account upon the earliest to occur of # the date the Participant attains age 65, # the Participant’s completion of three (3) years of Vesting Service, # the Participant’s Separation from Service by reason of death, or # accelerated vesting of the Participant’s Account pursuant to Section 9.02. Prior to the first to occur of the events set forth in [subsections 7.02(a)] – (d), the Participant shall not be vested in any portion of the Participant’s Employer Retirement Restoration Account.

Restoration Match Credits Prior to 2017. Restoration Match Credits that are credited to a Participant’s Account for Plan Years ending prior to January 1, 2017 (and related Earnings Credits) shall be fully (100%) vested and nonforfeitable at all times, except as otherwise provided.

Hydro Restoration Corporation

“1.43 Restoration Plan

The Monthly fee for each Month of the Restoration Period (“Restoration Fee”) for the quantity of LNG (in MMBtus) delivered by [[Organization A:Organization]] to [[Organization B:Organization]] shall equal the following:

Landlord’s good faith estimate of the Estimated Restoration Period required to complete Landlord’s Restoration Work as set forth in Landlord’s Casualty Notice is greater than one (1) year from the date of the Casualty, or

If the Net Proceeds and the costs of completing the Restoration shall both be less than the Restoration Threshold, the Net Proceeds will be disbursed by ​ to ​ upon receipt, provided that all of the conditions set forth in [Section 6.4(b)(i)] are met and ​ delivers to ​ a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement.