This Award of RSUs is documented by the records of the Committee or its delegate which shall be the final determinant of the number of Common Shares granted and the conditions of this Agreement. The Committee may amend or modify this Award in any manner to the extent that the Committee would have had the authority under the Plan initially to grant such Award, provided that no such amendment or modification shall materially diminish the Participant’s rights under this Agreement without his or her consent. Except as in accordance with the two immediately preceding sentences and Section 8.2, this Agreement may be amended, modified or supplemented only by an instrument in writing signed by both parties hereto.