Common use of Conditions Affecting Payments Clause in Contracts

Conditions Affecting Payments. (a) Except as expressly provided in this Agreement, the Employee’s right to receive the payments and benefits described in this Agreement will not decrease the amount of, or otherwise adversely affect, any other benefits payable to the Employee under any plan, agreement or arrangement between the Employee and the Corporation or any Affiliate. (b) The Employee is not required to mitigate the amount of any payment or benefit described in this Agreement by seeking other employment or otherwise, nor will the amount of any payment or benefit provided for in this Agreement be reduced by any compensation that the Employee earns in any capacity after Termination or by reason of the Employee’s receipt of or right to receive any retirement or other benefits on or after Termination. (c) The amount of any payment made under this Agreement will be reduced by amounts the Corporation or any Affiliate is required to withhold with respect to any income, wage or employment taxes imposed on the payment. (d) Notwithstanding anything in this Agreement to the contrary, if the Employee is a “specified employee” (within the meaning of Treasury Regulation §1.409A-l(i) and as determined under the Corporation’s policy for determining specified employees) on the date of Termination and any payment pursuant to Section 4.1(b) or 4.1(c) is subject to Section 409A of the Code, then such payment shall not be paid to the Employee until the first day of the seventh month following the Employee’s date of Termination or, if earlier, the date of the Employee’s death.

Conditions Affecting Payments. (a) [1] Except as expressly provided in this Agreement, the EmployeeExecutive’s right to receive the payments and benefits described in this Agreement will not decrease the amount of, or otherwise adversely affect, any other benefits payable to the Employee Executive under any plan, agreement or arrangement between the Employee Executive and the Corporation or any Affiliate. (b) Group Member. [2] The Employee Executive is not required to mitigate the amount of any payment or benefit described in this Agreement by seeking other employment or otherwise, nor will the amount of any payment or benefit provided for in this Agreement be reduced by any compensation that the Employee Executive earns in any capacity after Termination or or, except as provided in Sections 4.03 and 8.04, by reason of the EmployeeExecutive’s receipt of or right to receive any retirement or other benefits on or after Termination. (c) . [3] The amount of any payment made under this Agreement will be reduced by amounts the Corporation or any Affiliate Employer is required to withhold with respect to any income, wage or employment taxes imposed on the payment. (d) . [4] Notwithstanding anything in this Agreement to the contrary, if the Employee Executive is a “specified employee” (within the meaning of Treasury Regulation §1.409A-l(i1.409A-1(i) and as determined under the Corporation’s policy for determining specified employees) on the date Date of Termination and any the Executive is entitled to a payment and/or a benefit under this Agreement that is required to be delayed pursuant to Section 4.1(b) or 4.1(c) is subject to Section 409A of the CodeCode §409A(a)(2)(B)(i), then such payment or benefit, as the case may be, shall not be paid or provided (or begin to the Employee be paid or provided) until the first business day of the seventh month following the Employee’s date Date of Termination or, if earlier, the date of the EmployeeExecutive’s death. The first payment that can be made to the Executive following such postponement period shall include the cumulative amount of any payments or benefits that could not be paid or provided during such postponement period due to the application of Code §409A(a)(2)(B)(i).

Conditions Affecting Payments. (a) [1] Except as expressly provided in this Agreement, the EmployeeExecutive’s right to receive the payments and benefits described in this Agreement will not decrease the amount of, or otherwise adversely affect, any other benefits payable to the Employee Executive under any plan, agreement or arrangement between the Employee Executive and the Corporation or any Affiliate. (b) Group Member. [2] The Employee Executive is not required to mitigate the amount of any payment or benefit described in this Agreement by seeking other employment or otherwise, nor will the amount of any payment or benefit provided for in this Agreement be reduced by any compensation that the Employee Executive earns in any capacity after Termination or or, except as provided in Section 4.03, by reason of the EmployeeExecutive’s receipt of or right to receive any retirement or other benefits on or after Termination. (c) . [3] The amount of any payment made under this Agreement will be reduced by amounts the Corporation or any Affiliate Employer is required to withhold with respect to any income, wage or employment taxes imposed on the payment. (d) . [4] Notwithstanding anything in this Agreement to the contrary, if the Employee Executive is a “specified employee” (within the meaning of Treasury Regulation §1.409A-l(i1.409A-1(i) and as determined under the Corporation’s policy for determining specified employees) on the date Date of Termination and any the Executive is entitled to a payment and/or a benefit under this Agreement that is required to be delayed pursuant to Section 4.1(b) or 4.1(c) is subject to Section 409A of the CodeCode §409A(a)(2)(B)(i), then such payment or benefit, as the case may be, shall not be paid or provided (or begin to the Employee be paid or provided) until the first business day of the seventh month following the Employee’s date Date of Termination or, if earlier, the date of the EmployeeExecutive’s death. The first payment that can be made to the Executive following such postponement period shall include the cumulative amount of any payments or benefits that could not be paid or provided during such postponement period due to the application of Code §409A(a)(2)(B)(i).

Conditions Affecting Payments. (a) Except as expressly provided in this Agreement, the Employee’s right to receive the payments and benefits described in this Agreement will not decrease the amount of, or otherwise adversely affect, any other benefits payable to the Employee under any plan, agreement or arrangement between the Employee and the Corporation or any Affiliate. (b) The Employee is not required to mitigate the amount of any payment or benefit described in this Agreement by seeking other employment or otherwise, nor will the amount of any payment or benefit provided for in this Agreement be reduced by any compensation that the Employee earns in any capacity after Termination or by reason of the Employee’s receipt of or right to receive any retirement or other benefits on or after Termination. (c) The amount of any payment made under this Agreement will be reduced by amounts the Corporation or any Affiliate is required to withhold with respect to any income, wage or employment taxes imposed on the payment. (d) Notwithstanding anything in this Agreement to the contrary, if the Employee is a “specified employee” (within the meaning of Treasury Regulation §1.409A-l(i1.409A-1(i) and as determined under the Corporation’s policy for determining specified employees) on the date of Termination and any payment pursuant to Section 4.1(b) or 4.1(c) is subject to Section 409A of the Code, then such payment shall not be paid to the Employee until the first day of the seventh month following the Employee’s date of Termination or, if earlier, the date of the Employee’s death.