Common use of 280G Cut-Back Clause in Contracts

280G Cut-Back. Notwithstanding anything set forth in this Agreement to the contrary, in the event that any payment, coverage or benefit provided under this Agreement would, in the opinion of the independent certified accountants for Employer, not be deemed to be deductible in whole or in part in the calculation of the Federal income tax of Employer or any other person making such payment or providing such coverage or benefit, by reason of Section 280G of the Code, the aggregate payments, coverages or benefits provided under this Agreement shall be reduced to the "safe harbor" level under Section 280G so that the entire amount which is paid or provided to Employee shall be deductible notwithstanding the provisions of Section 280G of the Code.