Common use of Performance Terms Clause in Contracts

Performance Terms. (a) The terms of this Section 2 will apply to your Performance Stock Units except in so far as Section 3 ("Treatment Upon Termination") or Section 5 ("Change in Control") apply. (b) The performance period (the “Performance Period”) for your Performance Stock Units will be the three-year period commencing ______ 20__ and ending on or near _________, 20__. The performance period end date is an estimate based on the projected date of the last day of Fiscal 20__ and may be subject to change. Following the conclusion of the Performance Period, the Committee shall certify in writing the number of Performance Stock Units which are payable (your “Final Performance Stock Units”). The Committee will calculate your Final Performance Stock Units by multiplying your Performance Stock Units (at target) by the “Performance Factor.” The Performance Factor means a percentage (from zero to 200%) which is based on the Corporation’s Economic Return during the Performance Period, determined according to Table 1 of this Agreement. (c) All determinations made by the Committee shall be binding and conclusive on all parties.

Performance Terms. (a) The terms of this Section 2 will apply to your Performance Stock Units except in so far as Section 3 ("Treatment Upon Termination") or Section 5 ("Change in Control") apply. (b) The performance period (the “Performance Period”) for your Performance Stock Units will be the three-year period commencing ______ 20__ October XX, XXXX and ending on or near _________September XX, 20__XXXX. The performance period end date is an estimate based on the projected date of the last day of Fiscal 20__ XXXX and may be subject to change. Following the conclusion of the Performance Period, the Committee shall certify in writing the number of Performance Stock Units which that are payable (your “Final Performance Stock Units”). The Committee will calculate your Final Performance Stock Units by multiplying your Performance Stock Units (at target) by the “Performance Factor.” The Performance Factor means a percentage (from zero to 200%) which that is based on the Corporation’s Economic Return during the Performance Period, determined according to Table 1 of this Agreement. (c) All determinations made by the Committee shall be binding and conclusive on all parties.