Section 409A Amendment. The Award is intended to be exempt from, or otherwise is compliant with, Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee. Notwithstanding any provision of this Agreement to the contrary, if the Participant is determined to be a “specified employee” (as defined in Code Section 409A) as of the date of the Participant’s Termination of Service, then the six (6)-month payment delay rule under Code Section 409A shall apply as set forth therein. All delayed payments shall be accumulated and paid in a lump-sum payment as of the first day of the seventh month following the date of the Participant’s Termination of Service (or, if earlier, as of Employee’s death).
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Sources: Restricted Stock Unit Award Agreement (Bridgewater Bancshares Inc), Restricted Stock Unit Award Agreement (Bridgewater Bancshares Inc)