Common use of Limitation of Amount Clause in Contracts

Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive by the Company under this Agreement are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to Executive under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation. The calculations under this Section V.1 shall be made by the Company's independent accountants within thirty (30) days of the Executive's termination of employment; provided, however, if the Executive disputes such accountants' calculations, the dispute shall be resolved in accordance with Section VI.5.

Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive by the Company under this Agreement or otherwise are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement or otherwise shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to the Executive under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation. The calculations determinations under this Section V.1 IV.1 with regard to Excess Severance Payments shall be made by an independent accounting firm selected by the Company's independent accountants within thirty (30) days of Company and the Executive's termination of employment; provided, however, if which shall provide detailed supporting calculations to the Executive disputes such accountants' calculations, the dispute shall be resolved in accordance with Section VI.5parties.

Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive by the Company under this Agreement are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to the Executive under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation. The calculations determinations under this Section V.1 IV.1 with regard to Excess Severance Payments shall be made by an independent accounting firm selected by the Company's independent accountants within thirty (30) days of Company and the Executive's termination of employment; provided, however, if which shall provide detailed supporting calculations to the Executive disputes such accountants' calculations, the dispute shall be resolved in accordance with Section VI.5parties.

Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive Dxxxxxxx by the Company under this Agreement are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to Executive Dxxxxxxx under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation. The calculations determinations under this Section V.1 IV.1 with regard to Excess Severance Payments shall be made by an independent accounting firm selected by the Company's independent accountants within thirty (30) days of Company and reasonably acceptable to Dxxxxxxx, which shall provide detailed supporting calculations to the Executive's termination of employment; provided, however, if the Executive disputes such accountants' calculations, the dispute shall be resolved in accordance with Section VI.5parties.

Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive by the Company under this Agreement are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to Executive under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation. The calculations under this Section V.1 shall V.l xxxll be made by the Company's independent accountants within thirty (30) days of the Executive's termination of employment; provided, however, if the Executive disputes such accountants' calculations, the dispute shall be resolved in accordance with Section VI.5.

Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive by the Company under this Agreement are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to Executive under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation. The calculations under this Section Secdon V.1 shall be made by the Company's independent accountants within thirty (30) days of the Executive's termination of employment; provided, however, if the Executive disputes such accountants' calculations, the dispute shall be resolved in accordance with Section VI.5.

Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive by the Company under this Agreement are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to Executive under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation. The calculations under this Section V.1 shall be made by the Company's independent accountants within thirty (30) days of the Executive's termination of employment; provided, however, if the Executive disputes such accountants' calculations, the dispute shall be resolved in accordance with Section VI.5.thirty