Common use of Expense of Arbitration Clause in Contracts

Expense of Arbitration. To the extent required under applicable law, Xx. Xxxxxx’x responsibility for payment of the neutral arbitrator’s fees and expenses shall be limited to an amount equal to the filing fee that would be required for a state trial court action and Occidental shall pay all remaining fees and expenses of the arbitrator. Unless otherwise required under applicable law, the expenses of the arbitrator (including compensation) shall be borne equally by the parties and each party shall pay its own expenses of arbitration. Any controversy regarding the payment of fees and expenses under this arbitration provision shall be decided by the arbitrator. Payment of any fees or expenses by Occidental that is required under this Paragraph 12(c) and that is not exempt from Section 409A of the U.S. Internal Revenue Code shall comply with Section 409A’s requirements for reimbursement or in-kind benefit plans, as set forth in regulation section 1.409A-3(i)(1)(iv) (or any successor provision). For purposes of satisfying such requirements under Section 409A, the following rules shall apply but only to the extent that the payment under this Paragraph 12(c) is subject to Section 409A, (i) any payment by Occidental that is otherwise required by Paragraph 12(c) shall be made during the period not longer than Xx. Xxxxxx’x lifetime plus 20 years, (ii) the amount of payments made during one taxable year of Xx. Xxxxxx shall not affect the amount of such payments in any other taxable year; (iii) a payment shall be made by the last day of Xx. Xxxxxx’x taxable year following the taxable year in which the expense was incurred and (iv) Xx. Xxxxxx’x right to payments by Occidental under this Paragraph 12(c) shall not be subject to liquidation or exchange for any other benefit.

Expense of Arbitration. To the extent required under applicable law, Xx. Xxxxxx’x your responsibility for payment of the neutral arbitrator’s fees and expenses shall be limited to an amount equal to the filing fee that would be required for a state trial court action and Occidental Employer shall pay all remaining fees and expenses of the arbitrator. Unless otherwise required under applicable law, the expenses of the arbitrator (including compensation) shall be borne equally by the parties and each party shall pay its own expenses of arbitration. Any controversy regarding the payment of fees and expenses under this arbitration provision shall be decided by the arbitrator. Payment of any fees or expenses by Occidental Employer that is required under this Paragraph 12(c13(c) and that is not exempt from Section 409A of the U.S. Internal Revenue Code shall comply with Section 409A’s requirements for reimbursement or in-kind benefit plans, as set forth in regulation section 1.409A-3(i)(1)(iv) (or any successor provision). For purposes of satisfying such requirements under Section 409A, the following rules shall apply but only to the extent that the payment under this Paragraph 12(c13(c) is subject to Section 409A, (i) any payment by Occidental Employer that is otherwise required by Paragraph 12(c13(c) shall be made during the period not longer than Xx. Xxxxxx’x lifetime plus 20 2 years, (ii) the amount of payments made during one taxable year of Xx. Xxxxxx for you shall not affect the amount of such payments in any other taxable year; (iii) a payment shall be made by the last day of Xx. Xxxxxx’x your taxable year following the taxable year in which the expense was incurred and (iv) Xx. Xxxxxx’x your right to payments by Occidental Employer under this Paragraph 12(c13(c) shall not be subject to liquidation or exchange for any other benefit.

Expense of Arbitration. To the extent required under applicable law, Xx. Xxxxxx’x your responsibility for payment of the neutral arbitrator’s fees and expenses shall be limited to an amount equal to the filing fee that would be required for a state trial court action and Occidental Employer shall pay all remaining fees and expenses of the arbitrator. Unless otherwise required under applicable law, the expenses of the arbitrator (including compensation) shall be borne equally by the parties and each party shall pay its own expenses of arbitration. Any controversy regarding the payment of fees and expenses under this arbitration provision shall be decided by the arbitrator. Payment of any fees or expenses by Occidental Employer that is required under this Paragraph 12(c13(c) and that is not exempt from Section 409A of the U.S. Internal Revenue Code shall comply with Section 409A’s requirements for reimbursement or in-kind benefit plans, as set forth in regulation section 1.409A-3(i)(1)(iv) (or any successor provision). For purposes of satisfying such requirements under Section 409A, the following rules shall apply but only to the extent that the payment under this Paragraph 12(c13(c) is subject to Section 409A, (i) any payment by Occidental Employer that is otherwise required by Paragraph 12(c13(c) shall be made during the period not longer than Xx. Xxxxxx’x lifetime plus 20 yearsending on the second anniversary of the Separation Date, (ii) the amount of payments made during one taxable year of Xx. Xxxxxx for you shall not affect the amount of such payments in any other taxable year; (iii) a payment shall be made by the last day of Xx. Xxxxxx’x your taxable year following the taxable year in which the expense was incurred and (iv) Xx. Xxxxxx’x your right to payments by Occidental Employer under this Paragraph 12(c13(c) shall not be subject to liquidation or exchange for any other benefit.

Expense of Arbitration. To the extent required under applicable law, Xx. Xxxxxx’x Xxxxx’x responsibility for payment of the neutral arbitrator’s fees and expenses shall be limited to an amount equal to the filing fee that would be required for a state trial court action and Occidental shall pay all remaining fees and expenses of the arbitrator. Unless otherwise required under applicable law, the expenses of the arbitrator (including compensation) shall be borne equally by the parties and each party shall pay its own expenses of arbitration. Any controversy regarding the payment of fees and expenses under this arbitration provision shall be decided by the arbitrator. Payment of any fees or expenses by Occidental that is required under this Paragraph 12(c) and that is not exempt from Section 409A of the U.S. Internal Revenue Code shall comply with Section 409A’s requirements for reimbursement or in-kind benefit plans, as set forth in regulation section 1.409A-3(i)(1)(iv) (or any successor provision). For purposes of satisfying such requirements under Section 409A, the following rules shall apply but only to the extent that the payment under this Paragraph 12(c) is subject to Section 409A, (i) any payment by Occidental that is otherwise required by Paragraph 12(c) shall be made during the period not longer than Xx. Xxxxxx’x Xxxxx’x lifetime plus 20 years, (ii) the amount of payments made during one taxable year of Xx. Xxxxxx Xxxxx shall not affect the amount of such payments in any other taxable year; (iii) a payment shall be made by the last day of Xx. Xxxxxx’x Xxxxx’x taxable year following the taxable year in which the expense was incurred and (iv) Xx. Xxxxxx’x Xxxxx’x right to payments by Occidental under this Paragraph 12(c) shall not be subject to liquidation or exchange for any other benefit.

Expense of Arbitration. To the extent required under applicable law, Xx. Xxxxxx’x your responsibility for payment of the neutral arbitrator’s fees and expenses shall be limited to an amount equal to the filing fee that would be required for a state trial court action and Occidental Employer shall pay all remaining fees and expenses of the arbitrator. Unless otherwise required under applicable law, the expenses of the arbitrator (including compensation) shall be borne equally by the parties and each party shall pay its own expenses of arbitration. Any controversy regarding the payment of fees and expenses under this arbitration provision shall be decided by the arbitrator. Payment of any fees or expenses by Occidental Employer that is required under this Paragraph 12(c13(c) and that is not exempt from Section 409A of the U.S. Internal Revenue Code shall comply with Section 409A’s requirements for reimbursement or in-kind benefit plans, as set forth in regulation section 1.409A-3(i)(1)(iv) (or any successor provision). For purposes of satisfying such requirements under Section 409A, the following rules shall apply but only to the extent that the payment under this Paragraph 12(c13(c) is subject to Section 409A, (i) any payment by Occidental Employer that is otherwise required by Paragraph 12(c13(c) shall be made during the period not longer than Xx. Xxxxxx’x lifetime plus 20 yearsending on the second anniversary of the Retirement Date, (ii) the amount of payments made during one taxable year of Xx. Xxxxxx for you shall not affect the amount of such payments in any other taxable year; (iii) a payment shall be made by the last day of Xx. Xxxxxx’x your taxable year following the taxable year in which the expense was incurred and (iv) Xx. Xxxxxx’x your right to payments by Occidental Employer under this Paragraph 12(c13(c) shall not be subject to liquidation or exchange for any other benefit.