LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 19 shall apply if it becomes necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company, including, but not limited to the Hospira 2004 Long-Term Stock Incentive Plan, the Hospira Performance Incentive Plan, the Hospira 401(k) Supplemental Plan, the Hospira Supplemental Pension Plan or, in each case, any trust adopted pursuant thereto: (a) The Executive shall be entitled to recover from the Company reasonable attorneys’ fees, costs and expenses incurred in connection with such enforcement or defense. (b) Payments required under this Section 19 shall be made by the Company to the Executive (or directly to the Executive’s attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys’ fees, costs, and expenses. (c) The Executive shall be entitled to select legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 19 be reasonable. (d) The Executive’s rights to payments under this Section 19 shall not be affected by the final outcome of any dispute with the Company.
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Samples: Change in Control Agreement (Hospira Inc), Change in Control Agreement (Hospira Inc), Change in Control Agreement (Hospira Inc)
LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 19 shall apply if it becomes necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company, including, but not limited to the Hospira 2004 Long-Term Stock Incentive Plan, the Hospira Performance Incentive Plan, the Hospira 401(k) Supplemental Plan, the Hospira Supplemental Pension Plan or, in each case, any trust adopted pursuant thereto:
(a) The Executive shall be entitled to recover from the Company reasonable attorneys’ ' fees, costs and expenses incurred in connection with such enforcement or defense.
(b) Payments required under this Section 19 shall be made by the Company to the Executive (or directly to the Executive’s 's attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys’ ' fees, costs, and expenses.
(c) The Executive shall be entitled to select legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 19 be reasonable.
(d) The Executive’s 's rights to payments under this Section 19 shall not be affected by the final outcome of any dispute with the Company.
Appears in 2 contracts
Samples: Change in Control Agreement (Hospira Inc), Change in Control Agreement (Hospira Inc)
LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 19 shall apply if it becomes necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company, including, but not limited to the Hospira 2004 Long-Term Stock Incentive Plan, the Hospira Performance Incentive Plan, the Hospira 401(k) Supplemental Plan, the Hospira Supplemental Pension Plan, the Hospira Management Incentive Plan or, in each case, any trust adopted pursuant thereto:
(a) The Executive shall be entitled to recover from the Company reasonable attorneys’ fees, costs and expenses incurred in connection with such enforcement or defense.
(b) Payments required under this Section 19 shall be made by the Company to the Executive (or directly to the Executive’s attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys’ fees, costs, and expenses.
(c) The Executive shall be entitled to select legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 19 be reasonable.
(d) The Executive’s rights to payments under this Section 19 shall not be affected by the final outcome of any dispute with the Company.
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