Application of Section 2. 05. If a Covered Payment hereunder would be an Excess Parachute Payment and would thereby subject Employee to the Excise Tax, the provisions of this Section 2.05 shall apply to determine the amounts payable to Employee pursuant to this Agreement.
Appears in 9 contracts
Samples: Severance Agreement, Severance Agreement (Pharmaceutical Product Development Inc), Severance Agreement (Furiex Pharmaceuticals, Inc.)