Common use of Firm Clause in Contracts

Firm. Unless the Company and Executive otherwise agree in writing, any determination required under this Section 7(b) will be made in writing by a nationally recognized accounting or valuation firm (the “Firm”) selected by the Company, whose determination will be conclusive and binding upon you and the Company for all purposes. For purposes of making the calculations required by this Section 7(b), the Firm may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Company and Executive will furnish to the Firm such information and documents as the Firm may reasonably request in order to make a determination under this Section. The Company will bear all costs and make all payments for the Firm’s services relating to any calculations contemplated by this Section 7(b).

Appears in 3 contracts

Samples: Executive Employment Agreement (Sunesis Pharmaceuticals Inc), Executive Employment Agreement (Sunesis Pharmaceuticals Inc), Executive Employment Agreement (Sunesis Pharmaceuticals Inc)

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Firm. Unless the Company and Executive otherwise agree in writing, any determination required under this Section 7(b6(b) will be made in writing by a nationally recognized accounting or valuation firm (the “Firm”) selected by the Company, whose determination will be conclusive and binding upon you and the Company for all purposes. For purposes of making the calculations required by this Section 7(b6(b), the Firm may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Company and Executive will furnish to the Firm such information and documents as the Firm may reasonably request in order to make a determination under this SectionSection 6(b). The Company will bear all costs and make all payments for the Firm’s services relating to any calculations contemplated by this Section 7(b6(b).

Appears in 2 contracts

Samples: Employment Agreement (Viracta Therapeutics, Inc.), Employment Agreement (Viracta Therapeutics, Inc.)

Firm. Unless the Company and Executive otherwise agree in writing, any determination required under this Section 7(b6(b) will be made in writing by a nationally recognized accounting or valuation firm (the “Firm”) selected by the Company, whose determination will be conclusive and binding upon you Executive and the Company for all purposes. For purposes of making the calculations required by this Section 7(b6(b), the Firm may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Company and Executive will furnish to the Firm such information and documents as the Firm may reasonably request in order to make a determination under this Section. The Company will bear all costs and make all payments for the Firm’s services relating to any calculations contemplated by this Section 7(b6(b).

Appears in 1 contract

Samples: Executive Employment Agreement (Viracta Therapeutics, Inc.)

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Firm. Unless the Company and Executive otherwise agree in writing, any determination required under this Section 7(b6(b) will be made in writing by a nationally recognized accounting or valuation firm (the “Firm”) selected by the Company, whose determination will be conclusive and binding upon you and the Company for all purposes. For purposes of making the calculations required by this Section 7(b), the Firm may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Company and Executive will furnish to the Firm such information and documents as the Firm may reasonably request in order to make a determination under this Section. The Company will bear all costs and make all payments for the Firm’s services relating to any calculations contemplated by this Section 7(b6(b).

Appears in 1 contract

Samples: Employment Agreement (Viracta Therapeutics, Inc.)

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