Application of this Section. This Section 2 (Fees and Expenses) only applies where the Client is contracting directly with Spirent for the provision of the Services. If the Client’s contract is with a Spirent reseller, then Spirent directs the Client to follow the provisions of that contract concerning fees and expenses, which shall apply instead of this Section 2.
Application of this Section. This Section 3 (Invoices and Payments) only applies where the Client is contracting directly with Spirent for the provision of the Services. If the Client’s contract is with a Spirent reseller, then Spirent directs the Client to follow the provisions of that contract concerning invoices and payments, which shall apply instead of this Section 3.
Application of this Section. The terms and conditions contained in Section 1 of this Agreement apply equally to all Employees.
Application of this Section. The provisions of this Section 3.3 shall apply to successive events that may occur from time to time but shall only apply to a particular event if it occurs prior to the expiration of this Warrant either by its terms or by its exercise in full.
Application of this Section. The provisions of this Section 5 shall apply to successive events that may occur from time to time but shall only apply to a particular event if it occurs prior to the expiration of this Warrant either by its terms or by its exercise in full.
Application of this Section. The terms and conditions contained in Section 1 of this Agreement apply equally to all Employees, except where expressly excluded.
Application of this Section. 72.1 The terms of Section 3 of this Agreement contains additional terms specific Health and Allied Services, Managers and Administrative Officer Employees (as defined in sub-clause 5.6 of this Agreement).
72.2 All entitlements and terms contained in Section 3 of this Agreement have no application to Health Professional Employees.
Application of this Section. This Section (Invoices and Payments) only applies where Customer is contracting directly with Spirent for the provision of the Services. If Xxxxxxxx’s contract is with a Spirent reseller, then Spirent directs Customer to follow the provisions of that contract concerning invoices and payments, which shall apply instead of this Section.
Application of this Section. In the event that payments and other benefits under this Agreement (the “Agreement Payments”) and payments and benefits otherwise provided to the Employee under any other plan or arrangement (“Total Payments”) would constitute “parachute payments” within the meaning of section 280G of the Internal Revenue Code of 1986, as amended (the “Code”) and would be subject to the excise tax imposed by section 4999 of the Code (the “Excise Tax”), then the Agreement Payments shall be either:
(i) delivered in full; or
(ii) delivered to the extent that maximizes the value of the Agreement Payments without causing any portion of the Total Payments to be subject to the Excise Tax (the “Reduced Amount”), whichever of the foregoing amounts, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Employee (including the Excise Tax), results in the receipt by the Employee, on an after-tax basis, of the greatest amount of Agreement Payments. The foregoing determination shall be made by the independent auditors most recently selected by the Board (the “Auditors”).
Application of this Section. This Section 4.01 applies only to Participants in this Plan who do not participate, and who have never participated, in another qualified plan, individual medical account (as defined in Code §415(l)(2)), simplified employee pension plan (as defined in Code §408(k)) or welfare benefit fund (as defined in Code §419(e)) maintained by the Employer, which provides an Annual Addition.
