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Waiver and Amendments. Except as otherwise set forth in Section 13 of the Plan, any waiver, alteration, amendment or modification of any of the terms of this Award Agreement shall be valid only if made in writing and signed by the parties hereto; provided, however, that any such waiver, alteration, amendment or modification is consented to on the Company’s behalf by the Committee. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

Modification, Waiver or Amendment. This Award and Amendments. Except as otherwisethe Plan contain all of the provisions applicable to the Award granted herein and no other statements, documents or practices may modify, waive or alter such provisions unless expressly set forth in Section 13 of the Plan, any waiver, alteration, amendment or modification of any of the terms of this Award Agreement shall be valid only if made in writing and signedwriting, authorized by the parties hereto; provided, however, that any such waiver, alteration, amendment or modification is consentedCommittee, and delivered to on the Company’s behalf by the Committee. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.Grantee.

WaiverModification and Amendments.Waiver. Except as otherwise set forthprovided in Section 13the Plan with respect to determinations of the Committee and subject to the Company’s Board of Directors’ right to amend the Plan, neither this Agreement nor any waiver, alteration, amendmentprovision hereof can be changed, modified, amended, discharged, terminated or modificationwaived orally or by any course of anydealing or purported course of the terms of this Award Agreement shall be validdealing, but only if madeby an agreement in writing and signed by the parties hereto; provided, however, thatParticipant and the Company. No such agreement shall extend to or affect any provision of this Agreement not expressly changed, modified, amended, discharged, terminated or waived or impair any right consequent on such waiver, alteration, amendmenta provision. The waiver of or modification is consentedfailure to on the Company’s behalf by the Committee. No waiver by eitherenforce any breach of the parties hereto of their rights hereunderthis Agreement shall not be deemed to constitutebe a waiver with respect toor acquiescence in any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.other breach thereof.

Waiver and Amendments. Except as otherwise set forth in Section 13Amendment. The provisions of this Agreement may be amended or waived only by the written agreement of the Plan, any waiver, alteration, amendmentCompany and the Participant, and no course of conduct or modificationfailure or delay in enforcing the provisions of anythis Agreement shall affect the validity, binding effect or enforceability of this Agreement; provided, however, that the Company may change or modify the terms of this Award Agreement shall be valid onlywithout the Participant’s consent or signature if madethe Company determines, in writing and signed by the parties hereto; provided, however,its sole discretion, that any such waiver, alteration, amendmentchange or modification is consentednecessary for purposes of compliance with or exemption from the requirements of Section 409A of the Code or any regulations or other guidance issued thereunder or as necessary to oncomply with any other applicable law. Notwithstanding the Company’s behalfpreceding sentence, the Company may amend the Plan or revoke the Award to the extent permitted by the Committee. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.Plan.

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