Application of Code Section 280G. The Executive Consultant shall determine whether any part of the Covered Payment will be subject to the Excise Tax and the amount of such Excise Tax. For purposes of such determination, the Executive Consultant shall take into consideration and be guided by the following:
Appears in 9 contracts
Samples: Severance Agreement, Severance Agreement (Pharmaceutical Product Development Inc), Severance Agreement (Furiex Pharmaceuticals, Inc.)