Application of Section 409A of the Code. To the extent Section 409A of the Internal Revenue Code of 1986, as amended (the "Code"), applies to any compensation or other benefit payable under this Agreement (including, but not limited to, Sections 4 and 5), this Section 5A applies, and to the extent that it conflicts with any other provision of the Agreement, it supersedes such conflicting provisions. If Section 409A of the Code does not apply to any compensation or other benefits payable under this Agreement, this Section 5A shall have no effect.
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Samples: Continuity Agreement, Continuity Agreement (Kerr McGee Corp /De), Continuity Agreement (Kerr McGee Corp /De)
Application of Section 409A of the Code. To the extent Section 409A of the Internal Revenue Code of 1986, as amended (the "βCode"β), applies to any compensation or other benefit payable under this Agreement (including, but not limited to, Sections 4 and 5), this Section 5A applies, and to the extent that it conflicts with any other provision of the Agreement, it supersedes such conflicting provisions. If Section 409A of the Code does not apply to any compensation or other benefits payable under this Agreement, this Section 5A shall have no effect.
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