Internal Revenue Code §409A Compliance. The Agreement shall be interpreted to ensure that the payments made to the Employee are exempt from, or comply with, Internal Revenue Code § 409A; provided, however, that nothing in this Agreement shall be interpreted or construed to transfer any liability for any tax (including a tax or penalty due as a result of a failure to comply with Internal Revenue Code § 409A) from the Employee to the Company or to any other individual or entity.
Appears in 5 contracts
Samples: Employment Agreement (Alco Stores Inc), Employment Agreement (Alco Stores Inc), Employment Agreement (Duckwall Alco Stores Inc)