Common use of Additional Gross-up Amounts Clause in Contracts

Additional Gross-up Amounts. If, despite the initial conclusion of the Company and/or the Executive that certain Payments are either not subject to Excise Taxes or not to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's independent auditors that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 or 5.2, as applicable, then the Company shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of

Additional Gross-up Amounts. If, despite the initial conclusion of the Company and/or the Executive that certain Payments are either not neither subject to Excise Taxes or not nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's independent auditors that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 7.1 or 5.27.2, as applicable, then the Company shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of

Additional Gross-up Amounts. If, despite the initial conclusion of the Company and/or the Executive that certain Payments are either not neither subject to Excise Taxes or not nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's independent auditors auditors) that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 7.1 or 5.27.2, as applicable, then the Company shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of

Additional Gross-up Amounts. If, despite the initial conclusion of the Company and/or the Executive that certain Payments payments are either not subject to Excise Taxes or not to be counted in determining whether other Payments payments are subject to Excise Taxes (any such item, a "“Non-Parachute Item"”), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's ’s independent auditors that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 or 5.2, as applicable, then the Company shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:

Additional Gross-up Amounts. If, despite the initial conclusion of the Company and/or the Executive that certain Potential Parachute Payments are either not subject to Excise Taxes or not to be counted in determining whether other Potential Parachute Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's independent auditors that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 13.1 or 5.213.2, as applicable, then the Company shall promptly upon request by the Executive pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of

Additional Gross-up Amounts. If, despite the initial conclusion of the Company and/or the Executive that certain Payments are either not subject to Excise Taxes or not to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's independent auditors that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 Article 14.1 or 5.214.2, as applicable, then the Company shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of

Additional Gross-up Amounts. If, despite the initial conclusion of the Company Employer and/or the Executive that certain Payments are either not neither subject to Excise Taxes or not nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the CompanyEmployer's independent auditors auditors) that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company Employer or the Executive pursuant to Section 5.1 7.1 or 5.27.2, as applicable, then the Company Employer shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of

Additional Gross-up Amounts. If, despite the initial conclusion of the Company and/or the Executive that certain Payments payments are either not subject to Excise Taxes or not to be counted in determining whether other Payments payments are subject to Excise Taxes (any such item, a "“Non-Parachute Item"”), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's ’s independent auditors auditors) that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are is greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 Article 14.1 or 5.214.2, as applicable, then the Company shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of

Additional Gross-up Amounts. If, despite the initial conclusion of the Company and/or the Executive that certain Payments payments are either not subject to Excise Taxes or not to be counted in determining whether other Payments payments are subject to Excise Taxes (any such item, a "“Non-Parachute Item"”), it is later determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's ’s independent auditors auditors) that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 or 5.2, as applicable, then the Company shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:

Additional Gross-up Amounts. If, despite the initial conclusion of --------------------------- the Company and/or the Executive that certain Payments payments are either not subject to Excise Taxes or not to be counted in determining whether other Payments payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later ------------------ determined (pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final judgment of a court of competent jurisdiction or the Company's independent auditors that any of the Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater or the amount of the Excise Taxes due are greater for any other reason than the amount determined by the Company or the Executive pursuant to Section 5.1 or 5.2, as applicable, then the Company shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of: