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Corporation intends to administer the Plan to prevent taxation under Code Section 409A, it does not represent
or warrant that the Plan complies with any provision of federal, state, local, or non-United States law. The
Corporation, its subsidiaries, and their respective directors, officers, employees and advisers will not be liable to any
Participant (or any other individual claiming a benefit through the Participant) for any tax, interest, or penalties the
Participant may owe as a result of participation in the Plan. And neither the Corporation nor its subsidiaries or
affiliates have any obligation to indemnify or otherwise protect any Participant from any obligation to pay taxes under
Code Section 409A.
4.03 Forfeiture
Any right of the Participant to receive Severance Benefits hereunder shall be forfeited to the extent of any amounts payable
or benefits due after any breach of Section 6.09 by the Participant.
4.04 Legal Fees
All expenses of a Participant incurred in enforcing the Participant’s rights and/or to recover the Participant’s benefits under
this Article Four, including but not limited to, attorneys’ fees, court costs, arbitration costs, and other expenses shall be paid
by the Corporation. The Corporation shall pay, or reimburse the Participant for such fees, costs and expenses, promptly upon
presentment of appropriate documentation, but only if, to the extent and at the earliest date(s) such payment or
reimbursement does not violate Code Section 409A.
4.05 Applicable Provisions if Excise Tax Applies
Anything in the Plan to the contrary notwithstanding, if it is determined (as hereafter provided) that any payment or
distribution by or on behalf of a Company to or for the benefit of the Participant, whether paid or payable or distributed or
distributable pursuant to the terms of the Plan or otherwise pursuant to or by reason of any other agreement, policy, plan,
program or arrangement, including without limitation any stock option, stock appreciation right or similar right, or the lapse
or termination of any restriction on or the vesting or exercisability of any of the foregoing (a “Payment”), would be subject to
the Excise Tax, but for the application of this sentence, then the Payment shall be reduced to the minimum extent necessary
(but in no event to less than zero) so that no portion of any such Payment, as so reduced, constitutes an “Excess Parachute
Payment” within the meaning of Section 280G of the Code; provided, however, that the foregoing reduction shall be made
only if and to the extent that such reduction would result in an increase in the aggregate Payment to be provided, determined
on an after-tax basis (taking into account the Excise Tax imposed, any tax imposed by any comparable provision of state law,
and any applicable federal, state and local income taxes). The fact that the Participant’s right to a Payment may be reduced
by reason of the limitations contained in this Section 4.05 shall not of itself limit or otherwise affect any other rights of the
Participant other than under the Plan. In the event that a Payment intended to be provided under the Plan is required to be
reduced pursuant to this Section 4.05, the Corporation may effect such reduction in any manner it deems appropriate.
CIC Severance Plan
Revision Date: 11.6.15 17