Common use of Benefits and Reimbursements Clause in Contracts

Benefits and Reimbursements. To the extent that reimbursements of expenses or in-kind benefits to be provided following the Employee's Separation from Service are not excluded from the definition of NQDC pursuant to Section 409A (and particularly including Treas. Reg. 1.409A-1(b)(9)(v)) and from the application of Treas. Reg. 1.409A-3(i)(1), then such reimbursements of expenses and in-kind benefits shall be subject to the following rules: (i) all reimbursements of eligible expenses under this Agreement (including expenses of enforcement as provided in Section 19 hereof) shall be made on or before the last day of the Employee's taxable year following the taxable year in which such expenses were incurred by the Employee, (ii) no right to reimbursement or in-kind benefit shall be subject to liquidation or exchange for another benefit; (iii) the amount of expenses eligible for reimbursement, or in-kind benefits provided during an Employee's taxable year shall not in any way affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other taxable year (other than Section 409A permitted limits on medical benefits); (iv) reimbursement of expenses and in-kind benefits will be provided for the time period specified in this Agreement; and (v) subject to the foregoing provisions of this Section 5(d), reimbursement of expenses and in-kind benefits will be provided as for active employees.

Benefits and Reimbursements. To the extent that reimbursements of expenses or in-kind benefits to be provided following the Employee's ’s Separation from Service are not excluded from the definition of NQDC pursuant to Section 409A (and particularly including Treas. Reg. 1.409A-1(b)(9)(v)) and from the application of Treas. Reg. 1.409A-3(i)(1), then such reimbursements of expenses and in-kind benefits shall be subject to the following rules: (i) all reimbursements of eligible expenses under this Agreement (including expenses of enforcement as provided in Section 19 hereof) shall be made on or before the last day of the Employee's ’s taxable year following the taxable year in which such expenses were incurred by the Employee, (ii) no right to reimbursement or in-kind benefit shall be subject to liquidation or exchange for another benefit; (iii) the amount of expenses eligible for reimbursement, or in-kind benefits provided during an Employee's ’s taxable year shall not in any way affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other taxable year (other than Section 409A permitted limits on medical benefits); (iv) reimbursement of expenses and in-kind benefits will be provided for the time period specified in this Agreement; and (v) subject to the foregoing provisions of this Section 5(d), reimbursement of expenses and in-kind benefits will be provided as for active employees.

Benefits and Reimbursements. To the extent that reimbursements of expenses or in-kind benefits to be provided following the Employee's ’s Separation from Service are not excluded from the definition of NQDC pursuant to Section 409A (and particularly including Treas. Reg. 1.409A-1(b)(9)(v)) and from the application of Treas. Reg. 1.409A-3(i)(1), then such reimbursements of expenses and in-kind benefits shall be subject to the following rules: (i) all reimbursements of eligible expenses under this the Amended Agreement (including expenses of enforcement as provided in Section 19 hereof) shall be made on or before the last day of the Employee's ’s taxable year following the taxable year in which such expenses were incurred by the Employee, (ii) no right to reimbursement or in-kind benefit shall be subject to liquidation or exchange for another benefit; (iii) the amount of expenses eligible for reimbursement, or in-kind benefits provided during an Employee's ’s taxable year shall not in any way affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other taxable year (other than Section 409A permitted limits on medical benefits); (iv) reimbursement of expenses and in-kind benefits will be provided for the time period specified in this the Amended Agreement; and (v) subject to the foregoing provisions of this Section 5(d)6, reimbursement of expenses and in-kind benefits will be provided as for active employees.