Material Diminution. Means a material diminution by NMHC of Executive's duties, powers, authority, functions or responsibilities without Executive's consent, such that Executive is left with such duties, powers, authority, functions and responsibilities (when viewed in the aggregate) that are materially diminished compared to both (i) those duties, powers, authority, functions and responsibilities conferred upon Executive at the Effective Date and (ii) those duties, powers, authority, functions and responsibilities
... that are most typically conferred upon individuals having the same title as Executive with companies having revenues comparable to NMHC on a consolidated basis (based on the revenues of NMHC on a consolidated basis at the time of determination). In addition, a material diminution by NMHC of Executive's title without Executive's consent also shall constitute a "Material Diminution" for purposes of this Agreement. In the interest of clarity, none of the following shall constitute a basis for a "Material Diminution": (i) any change in any of the products or services offered by any or all NMHC Entities; (ii) the termination of any employee or group of employees, whether or not such employees report to Executive; (iii) any change in the markets to which any or all NMHC Entities promote or sell their products or services; or (iv) any other change affecting NMHC or its business or operations generally.
View More