Full Compliance. It is the intent of the parties that all compensation and benefits payable or provided to the Executive (whether under this Agreement or otherwise) shall fully comply with the requirements of IRC Section 409A such that no amounts payable hereunder shall be subject to "additional tax" within the meaning of IRC Section 409A. Employer agrees that it will not, without Employee's prior written consent, take any action, or refrain from taking any action, that would result in the imposition of "additional tax", interest and/or penalties upon Employee under IRC Section 409A.
Appears in 4 contracts
Samples: Employment Agreement (Ivivi Technologies, Inc.), Employment Agreement (Ivivi Technologies, Inc.), Employment Agreement (Ivivi Technologies, Inc.)
