Common use of Remaining Rights Clause in Contracts

Remaining Rights. Notwithstanding the terms of Section 3 of this Agreement, Executive and the Company hereby agree that nothing in this Agreement negates or diminishes Executive’s right under the Prior Agreement to (a) purchase from the Company, to the extent not yet purchased, up to a total of 100,000 Common Shares of the Company at an exercise price of $15.88 per share pursuant to the terms of Executive’s Management Stock Option Agreement, dated January 3, 2003, a copy of which is attached hereto as Exhibit A, (b) purchase from the company, to the extent not yet purchased, up to a total of 20,000 Common Shares of the Company at an exercise price of $24.90 per share pursuant to the terms of Executive’s Management Stock Option Agreement, dated December 21, 2004, a copy of which is attached hereto as Exhibit B, and (c) receive the amounts payable under the DPL Inc. 2003 Long-Term Incentive Plan that are payable as the amounts vest.