Common use of Certain Payments by the Company Clause in Contracts

Certain Payments by the Company. 11.1 In the event that the Executive is deemed to have received an “excess parachute payment” (as defined in Section 280G(b) of the Code) which is subject to the excise taxes (the “Excise Taxes”) imposed by Section 4999 of the Code in respect of any payment pursuant to this Agreement or any other agreement, plan, instrument or obligation, in whatever form, the Company shall make the Bonus Payment (defined below) to the Executive notwithstanding any contrary provision in this Agreement or any other agreement, plan, instrument or obligation.

Certain Payments by the Company. 11.1 In the event that the Executive is deemed to have received an “"excess parachute payment” " (as defined in Section 280G(b) of the Code) which is subject to the excise taxes (the “"Excise Taxes”") imposed by Section 4999 of the Code in respect of any payment pursuant to this Agreement or any other agreement, plan, instrument or obligation, in whatever form, the Company shall make the Bonus Payment (defined below) to the Executive notwithstanding any contrary provision in this Agreement or any other agreement, plan, instrument or obligation.