Common use of Limitation on Severance Benefits Clause in Contracts

Limitation on Severance Benefits. Notwithstanding any other provision of this Agreement to the contrary, the amounts payable to Executive under Sections 3.2(b), 4.3(a) and 4.3(c) above, plus the value of any other non-cash benefits, including but not limited to stock option vesting acceleration, that would be counted in determining whether Executive is subject to excise tax under sections 280G and 4999 of the Internal Revenue Code of 1986, as amended (the "Code") shall not exceed the maximum amount that Company could pay to Executive without causing Executive to be subject to such excise tax under the Code.

Limitation on Severance Benefits. Notwithstanding any other provision of this Agreement to the contrary, the amounts payable to Executive under Sections 3.2(b), 4.3(a) and 4.3(c) above, plus the value of any other non-cash benefits, including but not limited to stock option vesting acceleration, that would be counted in determining whether Executive is subject to excise tax under sections 280G and 4999 of the Internal Revenue Code of 1986, as amended (the "Code") shall not exceed the maximum amount that Company could pay to Executive without causing Executive to be subject to such excise tax under the Code.