Common use of Adjustments to Comply with American Jobs Creation Act Clause in Contracts

Adjustments to Comply with American Jobs Creation Act. In the event any of the severance payment provisions of this Section should prove to be inconsistent with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended, or the regulations thereunder, the Company and the Employee shall endeavor to amend those severance payment provisions in order to eliminate any inconsistency with Section 409A while ensuring, to the greatest extent possible, that the Employee will continue to be entitled to the benefits provided under this Agreement without increase in the economic cost to either party.

Adjustments to Comply with American Jobs Creation Act. In the event any of the severance payment provisions of this Section should prove to be inconsistent with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended, or the regulations thereunder, the Company and the Employee Executive shall endeavor to amend those severance payment provisions in order to eliminate any inconsistency with Section 409A while ensuring, to the greatest extent possible, that the Employee Executive will continue to be entitled to the benefits provided under this Agreement without increase in the economic cost to either party.