Common use of Earning of Performance Shares Clause in Contracts

Earning of Performance Shares. For each Performance Year, the Committee shall determine and certify in writing in accordance with the terms of the Plan the extent to which the Performance Shares for that Performance Year have been earned on the basis of the Company’s actual performance in relation to the applicable established Performance Goal(s), which determination and certification shall occur as of the date, not later than March 15 of the year following the applicable Performance Year, specified by the Committee (which date shall be referred to as the “Earning Date”). Except as otherwise provided by the Committee and in this Agreement, any portion of the Performance Shares that are not earned on the Participant’s Termination Date and any Performance Shares for a Performance Year that are not otherwise earned by the Participant for that Performance Year based on the satisfaction of Performance Goal(s) (or otherwise) shall immediately expire and shall be forfeited and the Participant shall have no further rights with respect thereto. Notwithstanding the foregoing:

Earning of Performance Shares. For each Performance Year, the Committee shall determine and certify in writing in accordance with the terms of the Plan the extent to which the Performance Shares for that Performance Year have been earned on the basis of the Company’s 's actual performance in relation to the applicable established Performance Goal(s), which determination and certification shall occur as of the date, not later than March 15 of the year following the applicable Performance Year, specified by the Committee (which date shall be referred to as the “Earning Date”). Except as otherwise provided by the Committee and in this Agreement, any portion of the Performance Shares that are not earned on the Participant’s 's Termination Date and any Performance Shares for a Performance Year that are not otherwise earned by the Participant for that Performance Year based on the satisfaction of Performance Goal(s) (or otherwise) shall immediately expire and shall be forfeited and the Participant shall have no further rights with respect thereto. Notwithstanding the foregoing: