Common use of Additional Limitations on Reimbursements and In-Kind Benefits Clause in Contracts

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (a) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company can make the reimbursement within the time periods required by Section 409A; (b) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (c) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or exception and are provided beyond the applicable time periods set forth in otherwise deferred compensation subject to Section 1.409A-1(b)(9)(v) of the Treasury Regulations409A , then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, however, that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company reimbursement can make the reimbursement be made within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or exception and are provided beyond the applicable time periods set forth in otherwise deferred compensation subject to Section 1.409A-1(b)(9)(v) of the Treasury Regulations409A , then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, however, that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company SITE Centers can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company DDR can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to provided under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to provided under any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (a) any reimbursement of eligible expenses will be paid within 30 days following the ExecutiveEmployee’s written request for reimbursement; provided that the Executive Employee provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company Nordson can make the reimbursement within the time periods required by Section 409A; (b) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (c) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or exception and are provided beyond the applicable time periods set forth in otherwise deferred compensation subject to Section 1.409A-1(b)(9)(v) of the Treasury Regulations409A , then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, however, that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company DDR can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The Any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant provided to either of Paragraph 4(a) or 5(d) or pursuant to Executive after the Termination Date under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to provided under any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either any of Article II, Paragraph 4(a) 1; Article II, Paragraph 2; Article V; or 5(d) or pursuant to any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) provided pursuant to either any of Article II, Paragraph 4(a) 1; Article II, Paragraph 2; Article V; or 5(d) or pursuant to any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (a) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company Employer can make the reimbursement within the time periods required by Section 409A; (b) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (c) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, however, that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company DDR can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s Xxxxxxx’x written request for reimbursement; provided that the Executive Xxxxxxx provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company DDR can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 8 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 8 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the ExecutiveWolstein’s written request for reimbursement; provided that the Executive Wolstein provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company DDR can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c3(d) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c3(d) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (a) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company can make the reimbursement within the time periods required by Section 409A; (b) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (c) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or exception and are provided beyond the applicable time periods set forth in otherwise deferred compensation subject to Section 1.409A-1(b)(9)(v) of the Treasury Regulations409A, then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, however, that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company DDR can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 8 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 8 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, however, that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company DDR can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to provided under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to provided under any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (a) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company Nordson can make the reimbursement within the time periods required by Section 409A; (b) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (c) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to provided under any other section of this Employment Amended Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) or 5(d) or pursuant to provided under any other section of this Employment Amended Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (a) any reimbursement of eligible expenses will be paid within 30 days following the ExecutiveEmployee’s written request for reimbursement; provided that the Executive Employee provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company Nordson can make the reimbursement within the time periods required by Section 409A; (b) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (c) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 2, Section 8, or 5(d) or pursuant to any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 2, Section 8, or 5(d) or pursuant to any other section of this Employment Agreement either do not qualify for that exception, or are provided beyond the applicable time periods set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations, then they will be subject to the following additional rules: (a) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, that the Executive provides written notice no later than 60 days before the last day of the calendar fiscal year following the calendar fiscal year in which the expense was incurred so that the Company can make the reimbursement within the time periods required by Section 409A; (b) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar fiscal year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar fiscal year; and (c) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.

Additional Limitations on Reimbursements and In-Kind Benefits. The reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement that are taxable benefits (and that are not disability pay or death benefit plans within the meaning of Section 409A409A of the Code) are intended to comply, to the maximum extent possible, with the exception to Section 409A set forth in Section 1.409A-1(b)(9)(v) of the Treasury Regulations. To the extent that any reimbursement of expenses or in-kind benefits described in Paragraph 3(c) pursuant to either of Paragraph 4(a) provided under Section 7 or 5(d) or pursuant to under any other section of this Employment Agreement either do not qualify for that exception, or exception and are provided beyond the applicable time periods set forth in otherwise deferred compensation subject to Section 1.409A-1(b)(9)(v) of the Treasury Regulations409A, then they will be subject to the following additional rules: (ai) any reimbursement of eligible expenses will be paid within 30 days following the Executive’s written request for reimbursement; provided provided, that the Executive provides written notice no later than 60 days before the last day of the calendar year following the calendar year in which the expense was incurred so that the Company DDR can make the reimbursement within the time periods required by Section 409A; (bii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during any calendar year will not affect the amount of expenses eligible for reimbursement, or in-kind benefits to be provided, during any other calendar year; and (ciii) the right to reimbursement or in-kind benefits will not be subject to liquidation or exchange for any other benefit.