Common use of Payment of the Gross-Up Payment Clause in Contracts

Payment of the Gross-Up Payment. Any Gross-Up Payment, as determined pursuant to this Appendix I, shall be paid by the Company to Executive within ten (10) days of the receipt of the 280G Firm’s determination that such a Gross-Up Payment is required; provided that the Gross-Up Payment shall in all events be paid no later than the end of Executive’s taxable year next following Executive’s taxable year in which the Excise Tax (and any income or other related taxes or interest or penalties thereon) on a Payment is remitted to the Internal Revenue Service or any other applicable taxing authority or, in the case of amounts relating to a claim described in Section 3 above that does not result in the remittance of any federal, state, local, and foreign income, excise, social security, and other taxes, the calendar year in which the claim is finally settled or otherwise resolved. Notwithstanding any other provision of this Agreement, the Company may, in its sole discretion, withhold and pay over to the Internal Revenue Service or any other applicable taxing authority, for the benefit of Executive, all or any portion of any Gross-Up Payment, and Executive hereby consents to such withholding.

Payment of the Gross-Up Payment. Any Gross-Up Payment, as determined pursuant to this Appendix ISection 11, shall be paid by the Company to Executive the Employee within ten (10) five days of the receipt of the 280G Accounting Firm’s determination that such a Gross-Up Payment is requireddetermination; provided that the Gross-Up Payment shall in all events be paid no later than the end of Executivethe Employee’s taxable year next following Executivethe Employee’s taxable year in which the Excise Tax (and any income or other related taxes or interest or penalties thereon) on a Payment is are remitted to the Internal Revenue Service or any other applicable taxing authority or, in the case of amounts relating to a claim described in Section 3 above 11(c) that does not result in the remittance of any federal, state, local, and foreign income, excise, social security, and other taxes, the calendar year in which the claim is finally settled or otherwise resolved. Notwithstanding any other provision of this AgreementSection 11, the Company may, in its sole discretion, withhold and pay over to the Internal Revenue Service or any other applicable taxing authority, for the benefit of Executivethe Employee, all or any portion of any Gross-Up Payment, and Executive the Employee hereby consents to such withholding.

Payment of the Gross-Up Payment. Any Gross-Up Payment, as determined pursuant to this Appendix ISection, shall be paid by the Company to the Executive within ten (10) five days of the receipt of the 280G Accounting Firm’s determination that such a Gross-Up Payment is requireddetermination; provided that the Gross-Up Payment shall in all events be paid no later than the end of the Executive’s taxable year next following the Executive’s taxable year in which the Excise Tax (and any income or other related taxes or interest or penalties thereon) on a Payment is are remitted to the Internal Revenue Service or any other applicable taxing authority or, in the case of amounts relating to a claim described in Section 3 subsection (c) above that does not result in the remittance of any federal, state, local, and foreign income, excise, social security, and other taxes, the calendar year in which the claim is finally settled or otherwise resolved. Notwithstanding any other provision of this AgreementSection, the Company may, in its sole discretion, withhold and pay over to the Internal Revenue Service or any other applicable taxing authority, for the benefit of the Executive, all or any portion of any Gross-Up Payment, and the Executive hereby consents to such withholding.

Payment of the Gross-Up Payment. Any Gross-Up Payment, as determined pursuant to this Appendix ISection 4, shall be paid by the Company to Executive you within ten (10) days of the receipt of the 280G Accounting Firm’s determination that such a Gross-Up Payment is required; provided that the Gross-Up Payment shall in all events be paid no later than the end of Executive’s your taxable year next following Executive’s your taxable year in which the Excise Tax (and any income or other related taxes or interest or penalties thereon) on a Payment is remitted to the Internal Revenue Service or any other applicable taxing authority or, in the case of amounts relating to a claim described in Section 3 4(c) above that does not result in the remittance of any federal, state, local, and foreign income, excise, social security, and other taxes, the calendar year in which the claim is finally settled or otherwise resolved. Notwithstanding any other provision of this Agreement, the Company may, in its sole discretion, withhold and pay over to the Internal Revenue Service or any other applicable taxing authority, for the benefit of Executiveyour benefit, all or any portion of any Gross-Up Payment, and Executive you hereby consents consent to such withholding.

Payment of the Gross-Up Payment. Any Gross-Up Payment, as determined pursuant to this Appendix ISection 1, shall be paid by the Company to Executive within ten (10) days of the receipt of the 280G Accounting Firm’s determination that such a Gross-Up Payment is required; provided that the Gross-Up Payment shall in all events be paid no later than the end of Executive’s taxable year next following Executive’s taxable year in which the Excise Tax (and any income or other related taxes or interest or penalties thereon) on a Payment is remitted to the Internal Revenue Service or any other applicable taxing authority or, in the case of amounts relating to a claim described in Section 3 1(c) above that does not result in the remittance of any federal, state, local, and foreign income, excise, social security, and other taxes, the calendar year in which the claim is finally settled or otherwise resolved. Notwithstanding any other provision of this Agreement, the Company may, in its sole discretion, withhold and pay over to the Internal Revenue Service or any other applicable taxing authority, for the benefit of Executive, all or any portion of any Gross-Up Payment, and Executive hereby consents to such withholding.

Payment of the Gross-Up Payment. Any Gross-Up Payment, as determined pursuant to this Appendix ISection 4, shall be paid by the Company to Executive you within ten (10) days of the receipt of the 280G Accounting Firm’s determination that such a Gross-Up Payment is required; provided that the Gross-Up Payment shall in all events be paid no later than the end of Executive’s your taxable year next following Executive’s your taxable year in which the Excise Tax (and any income or other related taxes or interest or penalties thereon) on a Gross-Up Eligible Payment is remitted to the Internal Revenue Service or any other applicable taxing authority or, in the case of amounts relating to a claim described in Section 3 4(c) above that does not result in the remittance of any federal, state, local, and foreign income, excise, social security, and other taxes, the calendar year in which the claim is finally settled or otherwise resolved. Notwithstanding any other provision of this Agreement, the Company may, in its sole discretion, withhold and pay over to the Internal Revenue Service or any other applicable taxing authority, for the benefit of Executiveyour benefit, all or any portion of any Gross-Up Payment, and Executive you hereby consents consent to such withholding.

Payment of the Gross-Up Payment. Any Gross-Up Payment, as determined pursuant to this Appendix ISection 9, shall be paid by the Company to Executive the Ex ecutive within ten (10) five days of the receipt of the 280G Accounting Firm’s determination that such a Gross-Up Payment is requireddetermination; provided that the Gross-Up Payment shall in all events be paid no later than the end of the Executive’s taxable year next following the Executive’s taxable year in which the Excise Tax (and any income or other related taxes or interest or penalties thereon) on a Payment is are remitted to the Internal Revenue Service or any other applicable taxing authority or, in the case of amounts relating to a claim described in Section 3 above 9(c) that does not result in the remittance of any federal, state, local, and foreign income, excise, social security, and other taxes, the calendar year in which the claim is finally settled or otherwise resolved. Notwithstanding any other provision of this AgreementSection 9, the Company may, in its sole discretion, withhold and pay over to the Internal Revenue Service or any other applicable taxing authority, for the benefit of the Executive, all or any portion of any Gross-Up Payment, and the Executive hereby consents to such withholding.

Payment of the Gross-Up Payment. Any Gross-Up Payment, as determined pursuant to this Appendix ISection 3, shall be paid by the Company to Executive within ten (10) five days of the receipt of the 280G Accounting Firm’s determination that such a Gross-Up Payment is requireddetermination; provided that the Gross-Up Payment shall in all events be paid no later than the end of Executivethe Employee’s taxable year next following Executivethe Employee’s taxable year in which the Excise Tax (and any income or other related taxes or interest or penalties thereon) on a Payment is are remitted to the Internal Revenue Service or any other applicable taxing authority or, in the case of amounts relating to a claim described in Section 3 3.3 above that does not result in the remittance of any federal, state, local, and foreign income, excise, social security, and other taxes, the calendar year in which the claim is finally settled or otherwise resolved. Notwithstanding any other provision of this AgreementSection 3, the Company may, in its sole discretion, withhold and pay over to the Internal Revenue Service or any other applicable taxing authority, for the benefit of Executivethe Employee, all or any portion of any Gross-Up Payment, and Executive the Employee hereby consents to such withholding.