Common use of Certain Payments by the Company Clause in Contracts

Certain Payments by the Company. (a) In the event that you are 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 of the Company or any of its affiliates, in whatever form, the Company shall make the Bonus Payment (defined below) to you notwithstanding any contrary provision in this Agreement or any other agreement, plan, instrument or obligation.

Certain Payments by the Company. (a) 13.1 In the event that you are the Employee 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 of the Company or any of its affiliatesobligation, in whatever form, the Company shall make the Bonus Payment (defined below) to you the Employee notwithstanding any contrary provision in this Agreement or any other agreement, plan, instrument or obligation.

Certain Payments by the Company. (a) 12.1 In the event that you are the Employee 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 of the Company or any of its affiliatesobligation, in whatever form, the Company shall make the Bonus Payment (defined below) to you the Employee notwithstanding any contrary provision in this Agreement or any other agreement, plan, instrument or obligation.