Common use of Determination of Tax Detriment Clause in Contracts

Determination of Tax Detriment. Notwithstanding any other provision of this Agreement, the amount of a Tax Detriment with respect to income taxes attributable to the Xxxxxxx Group as a result of a Determination with respect to a Tax Return for a taxable period that includes both members of the Xxxxxxx Group and Dover Group (determined following the Distribution) shall be the aggregate of the adjustments to income of members of the Xxxxxxx Group resulting from such Determination (whether positive or negative) multiplied by the maximum statutory tax rate in effect for the taxable period in the relevant jurisdiction also taking into account adjustments of Tax credits in such Determination; provided, however, that (x) in no event shall such Tax Detriment be less than zero and (y) any Tax Detriment for a taxable period attributable to a combination of one or more members of the Dover Group with one or more members of the Xxxxxxx Group in a jurisdiction, where such members filed Tax Returns without such combination for such taxable period, shall be borne by the Xxxxxxx Group.