Malus and clawback provision If an Executive Board member, in their function as a member of the Executive Board, commits a demonstrably deliberate gross infringement of their duty of care as set out in Section a significant principle for action in the internal guidelines introduced by the company, or of one of their other obligations as set out in the employment contract, the Supervisory Board can, at its due discretion, wholly or partially reduce the variable remuneration that is to be granted for the fiscal year in which the gross infringement took place to zero (hereinafter “malus provision”).