Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of any of the benefits hereunder would subject the Executive to tax or penalties under Section 4999 or 409(A) of the Code (hereafter "Section 4999" or "409(A)"), the Company shall promptly pay to the Executive a "gross up" amount that would allow the Executive to receive the net after-tax amount he would have received but for the application of said Section 4999 or 409(A) to any payments hereunder, including any payments made pursuant to this Section 13.
Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of the Termination Payments would subject Employee to tax under Section 4999 of the Internal Revenue Code of 1986, as amended, the Termination Payments shall be "grossed up" to an amount that would allow the Employee to receive the net after-tax amount he would have received but for the application of said Section 4999.
Limitation of Payment. Company does not reimburse for Holiday Pay or at any other rate other than those specifically agreed upon in writing.
Limitation of Payment. In no event shall the additional compensation paid to the employee by virtue of sick leave or vacation pay result in the payment of a total daily, weekly, or monthly compensation that exceeds the normal compensation of the employee.
Limitation of Payment. This Agreement, and any payments or benefits hereunder (including the indemnification benefits provided for in Section 12), are made expressly subject to and conditioned upon compliance with all federal and state law, regulations and policies relating to the subject matter of this Agreement, including but not limited to the provisions of law codified at 12 U.S.C. §1828(k), the regulations of the FDIC codified as 12 C.F.R. Part 359, and any successor or similar federal or state law or regulation applicable to the Company. Executive acknowledges that he understands the sections of law and regulations cited above and that the Company’s obligations to make payments hereunder are expressly relieved if such payments violate any federal or state law or regulation applicable to the Company.
Limitation of Payment. City's obligation to pay Consultant for services of Consultant pursuant to this Contract is conditioned upon the availability of City's funds which are allocated to pay Consultant. If funds are not allocated and available to pay the Consultant for these services, City may terminate this Contract at the end of the period for which the funds are available. City shall notify Consultant at the earliest possible time if Consultant will or maybe affected by a shortage of funds. No liability shall accrue to City in the event this provision is exercised, and City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. This provision shall not be construed so as to permit City to terminate this Contract in order to acquire similar services or use from another party. Consultant shall be paid for the use by City provided and expenses incurred prior to receipt of any such notification that City was terminating the Contract because of shortage of funds.
Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of the Termination Payments would subject Ellix xx tax under Section 4999 of the Internal Revenue Code of 1986, as amended, the Termination Payments shall be "grossed up" to an amount that would allow the Ellix xx receive the net after-tax amount he would have received but for the application of said Section 4999.
Limitation of Payment. Notwithstanding anything to the contrary, the total payments to be made pursuant to Subsections 7.5(a) and 7.5(b), above, for any year shall not exceed forty percent (40%) of the Net Cash from Operations for said year. If the scheduled payments exceed forty percent (40%) of the Company’s Net Cash from Operations, the payment made to each deceased, retired, disabled, withdrawn, or expelled Terminated Member or its representative shall be reduced pro rata so as not to exceed the limitation. Any reduction made pursuant to this Section shall be included in the calculation of amounts subsequently paid to said Terminated Member.
Limitation of Payment. County’s obligation to pay City for services of City pursuant to this MOU is conditioned upon the availability of County’s funds which are allocated to pay City from the Emergency Insect Management Program grant. If funds are not allocated and available to pay the City for these services, County may terminate this MOU at the end of the period for which the funds are available. County shall notify City at the earliest possible time if City will or may be affected by a shortage of funds. No liability shall accrue to County in the event this provision is exercised, and County shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. This provision shall not be construed so as to permit County to terminate this MOU in order to acquire similar services or use from another party. City shall be paid for the use by County provided and expenses incurred prior to receipt of any such notification that County was terminating the MOU because of a shortage of funds.
Limitation of Payment. Compensation payable to the Sub-Grantee is limited to those fees set forth in Section 5.1.1 above. Such compensation shall be paid by the City upon review and approval of the Sub-Grantee’s invoices for payment and review of the work, services, deliverables, etc. required in this Agreement and review as may be further required by the Charter and Ordinances of the City. Sub-Grantee’s invoices shall describe the work, services, reports, plans, specifications, deliverables, etc. rendered and the compensation sought therefore in a form and with detail and clarity acceptable to the City.
